A Research On Regulation Of Cancellation For Three Consecutive Years Nonuse Registered Trademarks

Regulation of cancellation for three consecutive years nonuse registered trademarks is a very important regulation to the civil law countries which take registration doctrine in the Trademark law. The significance of this regulation is to urge people to actively use the registered trademark, to reduce the hoarding phenomenon of registered trademarks and to ensure the identification function to be played effectively. However, in the present situation, the rough trademark legislation makes the regulation difficult to meet the growing need that this regulation is often used as a means of competition in China and the study of this theory is still in the initial stage. The statistics shows very limited number of research papers and only a few monographs or textbooks, which specialized in this regulation.Based on this, from three typical cases happened in recent years in the field of cancellation for three consecutive years nonuse registered trademarks in China, this paper analyzes three elements of this regulation, three important problems and countermeasures of the regulation. This paper includes three chapters:The first chapter, "Cases and Its Disputes", introduces three typical cases of "KANG WANG" three consecutive years nonuse cancellation case, "GNC" three consecutive years nonuse cancellation case and "ATONIK" three consecutive years nonuse cancellation case. First discuss the focus of academic controversy, analyze main academic points of view and then determine the focus of this paper is to define the "trademark use" in the regulation of cancellation for three consecutive years nonuse registered trademarks.The second chapter, "Elements of cancellation for three consecutive years nonuse registered trademarks", is the focus of this paper. Elaborate the regulation of cancellation for three consecutive years nonuse registered trademarks from three aspects of definition of "trademark use", time conditions and reasonable reasons. Make case comments, which are mentioned in the first chapter.The third chapter, "Other Important Problems and Countermeasures of Regulation of Cancellation for Three Consecutive Years Nonuse Registered Trademarks ", focuses on the three following problems. First whether the correction deadline is the pre-correction procedure of cancellation or not. Second the definition of nonuse of legal fiction. And last the allocation of the proof burden and the retroactivity of cancellation. Analyze the main points of scholars to explain the problem and provide solutions based on the relevant laws and regulations.