Research On The Legal Problems Of Trademark Protection And Trademark 's Practical Use

As the legitimate of trademark protection, trademark us is the most important part of the protection system of trademark. The earliest trademark protection originated from protection of trademark use. On the basic of this, principle of first to use and principle of first application developed. At present, principle of first to use is adopted by most countries. However, it does not mean the trademark use is not important any more. We can not ignore the importance of the trademark use in the trademark protection system.The first part summarizes the basic content of "trademark" and "trademark use". Trademark use is defined as the process of use the mark on the goods or services and the customer can distinguish the source of the goods and services. Trough analysis the internal relationship of trademark use and trademark protection, trademark use is the foundation of acquisition trademark right and trademark protection. The principle of first to use and principle of first application are two types of model for acquisition trademark right. The author analysis the advantages and disadvantages of this two models and point out the disadvantages of China trademark law system of acquisition trademark right. In order to fix the drawback of principle of first application, we need to intensify the use of registered trademark and reinforce the protection of the unregistered trademark.The second part defined unregistered trademark from the point of view of trademark use. Unregistered trademark is defined as the mark has been used in commercial activities but not obtain trademark right. It can be distinguished the source of goods or services. Learning the legislation of the foreign countries for unregistered trademark protection, explore our unregistered trademark protection in the existing trademark law.The third part analyzes the importance of trademark use in the registered trademark legal system. The trademark law of most countries as well as international treaties requires the use of registered trademark within a certain number of years. Non-use registered trademark will lead to the registered trademark has been canceled. At the same time, the right of non-use registered trademark is restricted. Exclusion claims due to the non-use to prevent the abuse of registered trademark.The fourth part, the author provides suggestions for improvement our existing trademark protection system under the principle of first application. We need to stipulate the way of trademark use, the proper reasons for non-use of registered trademark. When the registered trademark is non-use without proper reason, the right of the trademark owner shall be restricted. He shall not get damages under this situation. At the same time, the unregistered trademark shall be protected.