A Study On Trademark Use

The change of empowering Principles of trademark from Principle of first to use toPrinciple of first application not only meets the efficient needs of market economy but alsosatisfies managers’ safety expectations. However, registration principle with congenitaldeficiencies, not enough attention on trademark use, it is this inherent defects lead to theregistration principle in exposed a series of problems during operation. For example, whatrights the unregistered trademarks of prior user have? How to do? How to protect this kindof trademark in our country? The emergences of these problems let us have to take a hardlook at “register principle”, and to correct positioning “trademark use”.Use is the soul of the trademark, the trademark which is not used actually is only abody without soul, an abstract symbol. Trademark law protections are those that can giveplay to the role of trademark to identify trademark, and trademark has been used tobuild-up business reputation. This article obtains from the value of trademark use intrademark law system; argument trademark use is the substantial basis of trademark andtrademark protection. Discusses trademark use in the acquisition of trademark right,trademark revocation and trademark infringement and will produce what kind of role indifferent system, the function of trademark have, in turn, use what kind of specificrequirements. Under registration principle, intensify the requirements for registeredtrademark and reinforce the protection of unregistered trademark, in order to finally realizethe systematization of trademark law itself and the balance of fairness and efficiency canachieve the best.