Research On The Problems Of Use Of Trademark In Trademark Revocation System

The use of trademark is of great importance in trademark law. It’s the substantialbasis of exsistance and protection of trademark. Article49of Trademark law of thePeople’s Republic of China specifies two causes of cancellation of trademark: nonuseand illegal use. Trademark revocation system does help in clearing idle trademark andinventing registered trademark from being abused. But how to understand the use oftrademark in revocation system still remains the controversial point of judicialpractice. Therefore, this essay, from the point of view of trademark revocation system,taking the use of trademark as the object of study, tries to construct the determinationconditions of use of trademark through the research and analysis on laws, regulationsand judicial case of the use of trademark both at home and abroad.The article is devided into three chapters.Through the analysis on definition and classification of use of trademark, patternof trademark system, and theoretical basis of trademark right occurrence, the firstchapter states the effect and significance of the use of trademark in trademark rightoccurrence, and points out that, it’s the action of using trademark rather than thetrademark itself that should be the real basis of protection for the right of trademark.The second chapter, by the study of legislation cases of trademark revocationsystem in various countries, states the aim of establishing trademark revocation system. And it gives a detailed explanation on how to understand the meaning of “Useof trademark” in this system. The author tries to conclude the determinationconditions of use of trademark into the four following elements: firstly, the subject,which means the subject who uses trademark, should be the owner and authorizeduser of trademark; secondly, the subjective element is that the use of trademark musthave the intention of using trademark; thirdly, the object is that only use approved andregistered trademark on approved marchandises; fourthly, the objective element is thatthe use of trademark must meet the requirements of facticity, openness andcommerciality.Concerning the problems existing presently in the Amendment of Trademark lawof the People’s Repulic of China, the third chapter proposes legislation suggestions onperfection of trademark revocation system, in order to make trademark law realize itsvalue and effect in a better way, and guide more clearly the trademark owner infullfilling his obligation in using registered trademark.