On The Canceling System Of Registered Trademarks Which Have Ceased To Be Used

The canceling system of registered trademarks which have ceased to be used isan important system in the provisions of the trademark law in all nations. Thelegislation aims to emphasize the actual use of the registered trademark, clean up theunused and dead trademark, reduce the amount of the unused trademark as far aspossible for occuping resources and disturbing others to apply and use trademarks. Inresent years, the gross of applied trademarks in China has surpassed one million.Theexclusive use of a registered trademark is enhanced at utmost, which lead to aninceasing large number of unused registered trademarks on the one hand, and therapid and unnormal growth of application and registration of trademarks year by yearon the other hand. In addition, there are many malicious rob others’ trademarks casesby utilizing the system in these years. Therefore, it is much essential to learn anddiscuss the question: What is the function of the system for reducing unused and deadtrademarks, the existence value of the system and the applicable standards forcanceling trademarks?Apart from the introduction and conclusion, this paper consists of the followingfour parts.As the opening section of the paper, the first part discuss existence value of thesystem, and suggest that the unuse of trademarks can’t develop the several function oftrademarks from the view of relationship between the use of trademrsks and thefunction of trademarks. By analyzing the main issues and solutions brought by thetrademark registration mode, the paper pointed out that the canceling system can be apartial solution to a trademark registered it leads to idle problem. After challengingthe assumption of limited resources of the trademarks whichis the basis of the system,and analyze the reason for why copyright law and patent law does not have thecanceling system.By comparing the relationship between the "have ceased to be used"limited time and the period of validity of the registered trademarks, it assume whetherit have solution in the stage of trademark registration or renewal stage can replace orto perfect the role of the canceling system. Finally, By concluding that the registeredtrademark is a private right, cancelingl a trademark shoud be handled carefully. The second part analyzes the registered trademark “use” related issues for thecanceling system. Beacuse the defining the “use” of the trademark is the core problemof the canceling system, this part systematic analysis of the meaning of the trademark“use”,the subject on “use”, the scope of “use”, the calculation of time for “use”, theintent for “use”, the defects of “use” and other issues. Combined with the definition oftrademark “use” in developed countries, the paper points out that the meaning andcontent of shall be formulated definitely in China’s “Trademark Law”. And themeaning of “use” should be made an appropriate expansion for understanding, theflaw use should also be considered actual use on trademarks.Compared the legislative pattern for the canceling reason and legal consequenceof the canceling system between the China and several developed countries, the thirdpart suggest that “The Trademark Office shall order the user of a registered trademarkto rectify the situation on within a specified time limit”, which is provided in"Trademark Law" Article44can not be applied and shoud be delected. In addition,the just causes for justification are analyzed, and the well-known trademarks shouldnot be exception for the canceling system..The four part concludes the author’s thinking and suggestion for the cancelingsystem.It suggests the definited meaning and content of “use” shall be enacted inChina’s "Trademark Law",and “The Trademark Office shall order the user of aregistered trademark to rectify the situation on within a specified time limit”, theunnecessary provision, shoud be delected. It proposed adding a program for reviewingthe use evidence, which aims at cleaning up unused and dead trademarks, includingthree consecutive years unused trademarks,and recommends that the provision ofcanceling system can be wrote down on the registered trademark registration form, inorder to remind and urge the trademarks holders actively use the trademarks.Finally, it concludes that the interests protection between the canceling applicantsand the rademarks holders should be balanced. Canceling a registered trademarksmust be cautions for the its hardwon. It favors a multi-facetted approach to clean upunused and dead trademarks particularly via reviewing the use evidence at theregistration and renewal stage.