On Imprvement Of The Trademark Use Instrtution

Trademark use is one of requirements for establishing trademark rights. It is also critical way to maintain the validity of trademark rights. The plaintiff has to prove the defendants have make use of the mark in the sense of trademark use. The trademark use refers to a bona fide intention to use and to be open and public exposure in commerce. The trademark use count only as it indicates the source of goods or service. However, we have many problems in term of trademark use legislation. The fact that trademark preemption is still prevalent has something to do with the defect of the Trademark Act which does not stipulate that the trademark applicants have to have a bona fide intent to use his trademarks and must follow the good faith principles. The "Land Rover" and "Sony Ericsson" cases show that the passive trademark use must be regulated by trademark law. Generally, trademark law in lots of countries provide that the registration will be revoked if the trademark use is not be put into use within a continuous period without due and proper reasons. Our trademark law has similar provisions, but people can not agree on many things, such as when the three year starts and ends, whether the use should be confined to the goods or services with respect to reregistration and what’s the due and proper reasons. These issues are very controversial, such as whether or not trademark rights owners were not entitled to damage competitions if their trademarks were not put into use.This article propose such reform as following because of issues mentioned above: First, the essence and ways of trademark use should be enshrined in the trademark law. Second, the trademark applicants have to have a bona fide intent to use his trademarks and must follow the good faith principles. Third, the three years begins when the person put forward application to trademark office to revoke the registration. However, no one can claim revoke if the trade mark has been started or resumed otherwise that the commencement or resumption of use within a period of three months preceding the filing of the application. Force majeure, compulsory rules in law or regulations and policy restrictions could be due and proper reasons.Finally, the senior trademark use shall function as one of one of infringement defenses, but the trademark rights owners have the rights to ask the senior user to affix certain signs for purpose of distinction.