| The semiotic attribute of the object of the trademark right determines that the legal facts of the trademark law as well as the trademark law itself has special uncertainty derived from the semiotic meaning. Context has the function of determining the meaning of trademark symbols, so in order to improve the certainty of the trademark law, we must use the context-centered method of contextualism to determine the legal facts. Different from the current static and mechanical semiotic analysis of trademark law, contextualist approach is dynamic and organic. Conscious application of contextualist approach can eliminate the uncertainty of the legal facts of the trademark law more thoroughly and improve the certainty of the trademark law eventually. The nature, content and constitutive conditions of the context are the core contents of the contextualist approach. The context in the contextualist approach is not a purely objective physical context, but a cognitive one combined with the psychological structure of consumers, which can be divided into the commodity context and the non-commodity context. The context in the contextualist approach should be objective, relevant, ordinary, comprehensive and overall. The application of the contextualist approach in the determination of the legal facts can be divided into four steps, namely setting the questions of trademark law, identification of the context, reconstruction of the context, and answering the questions of trademark law in the reconstructed context. |
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