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Study On Trademark Use

Posted on:2011-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2166330332458522Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Trademark use system is an important system in the trademark law. Article 44 (4) of the China's Trademark Law provides that:where the use of the registered trademark has ceased for three consecutive years,the Trademark Office can cancel the registered trademark. This can be regarded as trademark use system reflected in our legislation. In this article, the use of trademark can be defined as"the trademark owner uses the trademarks in business activities so as to make the origin of the goods or service be distinguished by the customers and achieve the commercial impact of trademark".The trademark, as a special symbol, emphasizes the specific link between specific goods or service and specific symbol. The nature of trademark means that consecutive trademark use is the necessary condition of maintaining registration. Locke's labor theory of property rights can effectively explain why the consecutive use of the trademark is the precondition of maintaining trademark registration. At the same time, the realization of the trademark's function, the effective use of scarce resource,the balance of the private rights and public interests also require the trademark owner to use the trademark consecutively.Trademark use of the trademark owner must be for real and genuine in order to ensure the realization of differentiating functions and implementation of business impact. Only by bona fide use, can the owner of the trademark maintain the registration of the mark. Symbolic or internal use of a trademark does not constitute the bona fide trademark use, and does not meet the trademark use requirement. The defense marks and the associated marks which do not be used do not satisfy the requirement of the bona fide use and shall not be protected.If the trademark owner does not satisfy the requirement of the bona fide use, it can be presumed that he or she has abandoned the trademark, and the Trademark Office can cancel such registered trademark.In the first chapter, we will mainly define the concept of trademark use, introduce the trademark use systems of some important countries, and conclude that the trademark use is the condition of maintaining the trademark registration. In the second chapter, we mainly demonstrate why the trademark use is the condition of maintaining a trademark registration. In the third chapter, we consider that the trademark use must be for real and genuine. Only through the bona fide use of trademark, can the trademark owner maintain the trademark registration. And we also will analyze the specific circumstances under which the trademark use constitutes the bona fide use. In the fourth chapter, we will discuss the adverse consequence when the trademark owner does not satisfy the requirement of trademark use, and how the third party can put forward claims that the trademark owner doesn't satisfy the requirement of trademark in the trademark confliction.
Keywords/Search Tags:Trademark Use, Bona Fide Use, Link, Maintaining the Trademark Registration, Abandon Trademark
PDF Full Text Request
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