Research On The Cancellation Of Registered Trademarks Which Have Ceased To Be Used For Three Consecutive Years

The cancellation of registered trademarks which have ceased to be used for three consecutive years is very important for trademark law, it is very important too for protecting the limited resources of registered trademarks and maintaining a rational order in the field of registered trademarks. The cancellation plays a role in judicial practice for removing redundant trademarks and retaining effective trademarks, in order for keep the market competitive and alive.The purpose of this study is to determine what are the effective uses and what are the invalid uses which need to be abolished, and clarify fuzzy understanding in use and make every effort to standardize the law application.This dissertation attempts to study the Intrinsic characteristics of the use and the scope of the cancellation and the use of action define, the exception of the cancellation also is discussed.This paper includes four parts:1. The background and significance of the cancellation of registered trademarks which have ceased to be used for three consecutive years. Analyse the background of the canellation, calssify the registered trademarks which have ceased to be used, point out the important realistic meaning of the cancellation.2. Analysis of the usage of the cancellation of registered trademarks which have ceased to be used for three consecutive years. Cited the trademark laws of different countries, analyse the intrinsic request of the usage, pay great attention to discuss the scope of the cancellation and define the usage of the cancellation, analyse the behaviors that cease to use the registered trademarks for three consecutive years, define the range of product and analyse the defective use.3. Exception of the cancellation of registered trademarks which have ceased to be used for three consecutive years. Analyse the reasonable justification of the cancellation, proposed the viewpoint that the defensive trademarks and the associated trademarks are not suitable for the cancellation.4. Proposals on perfecting the cancellation of registered trademarks which have ceased to be used for three consecutive years. Make the reasonable justification of the cancellation more concrete and definite, propose the second use after the Interrupted use being regarded as the exception of the cancellation.