Research On Three - Year Non - Use Of Revocation System Of Registered Trademarks

Due to the current commodity trading so often complex background, a registered trademark for three years do not use the revocation system has extremely important significance in the trademark law in China. The holder of the trademark is the trademark owned by a property rights, it is only through actual use to produce the actual rights and interests, to play to the role of the brand recognition, just give the holder of a trademark registration of procedural rights. Obtained after registration do not use for a long time, can only be called a "registration mark", and must have the function that goods identification, nature also can’t again for protection of the trademark law. Purpose is to set up this system in a timely manner to urge the trademark rights people use have been approved and registered trademark, the removal of those who do not use "registration mark", convenient and legitimate use trademarks of others, so as to promote the orderly development of commodity economy. The newly revised "trademark law" for this system were modified, and for this system in terms of theory research in China is relatively less, therefore, study of this system is very necessary.This paper is divided into four parts to introduce the system:The first part mainly introduces the registered trademark for three years do not use the revocation system practical significance. Research of the relationship between trademark rights and goodwill, trademark trademark registration system function value and the problems and their solutions so as to explore the system of internal value theory; Based on China’s current existence "instead of" phenomenon and the system of the positive significance of explore and reveal its realistic meaning.Cancellation conditions in the second part of this system is mainly analyzed, what conditions are defined for the "use of trademark" has been approved and registered trademark can not be revoked and the calculation of three years do not use the term.Through to our country and other countries and regions of the trademark law,comparative analysis, combining with the system of our country’s court of some typical cases, it is concluded that to maintain the use of the trademark registration,the need to conform to the five conditions: one is the real use; Secondly, the public use; Three is the registrant or registrant control, use of consent; Four is the use of registered under the designated goods or services; The use of five is the meaning of the trademark law.The third part, it discusses some special problems in the research of this system,define the undo what situations of three years not to use, include: one is to only use on the part of the product or service definition, 2 it is to use the approved logo definition, three is the definition on similar product or service, four is to do processing, and other special use behavior defined in the form of gifts behavior, five is the definition of advertising, exhibition, etc. Study three years don’t use the reasonable reason, mainly include: because of bankruptcy before use, not used for policy reasons, there is a clear intention and not used for other reasons.The fourth part, the comprehensive study of the latest in the trademark law of the system to make the improvement of bright spots.