Use Of Trademark

In order to adapt to the need of efficiency, the basis of trademark protection turned from the earliest "use" to "register".But "use" is still important in the trademark law and trademark protection. The trademark owner has complete rights of possession, use, income, dispose of the trademark. And one of the most important part is the use of a trademark. The purpose of trademark registration is to use the trademarks in the production of goods or services. The purpose of the trademark protection system is to make full use of trademarks in commercial activities, to play the economic role of trademarks and to maximize their social benefits.The use of the trademark is a vital legal concept. In reality, only the real use of trademarks can trademarks work. Without the real use, trademarks and trademark registration system are meaningless. But as we see, the Trademark Law does not fully reflect the core status of the use of trademarks, which leads to a series of problems like blindly protect registered trademarks, ignore the used trademarks and appearance of trademark rent-seeking behavior. Highlighting the function and status of trademark use in trademark system is imperative during the Third revision of the Trademark Law. In2011the trademark law revision draft, attention to the use of trademark began to appear even though there are still some problems need to be corrected and perfected. This paper consists of five parts:The first part is an overview of basic concepts like Trademark and Trademark Usage from the perspective of comparative law, And then discusses the significance, methods and techniques of trademark use, the relationship between trademark usage and trademark function as well as the protection of trademark rights. The second part is about trademark usage and acquisition of trademark right. The acquisition of trademark right have two doctrines:usage doctrine and registration doctrine.At present, most of the countries as well as China adopt registration doctrine.However, registration doctrine does not mean that trademark usage is meaningless, in contrast, in contrast, the use of trademark can make up the efficiency of registration doctrine, thereby giving consideration of fairness.The third part is about trademark usage and maintaining of trademark. The maintaining of trademark does not only rely on registration, but also must be sustained used. This part is the study of trademark use in trademark maintaining and cancel after three consecutive years of unused. And discussion of the use of trademark and trademark infringement. The fourth part is about the use of trademark and the well-known trademark. The use of trademark is needed in cognizance and protection of trademarks The fifth part is about the perfection of China’s trademark use and trademark right protection. Firstly the part analyzes the status quo and deficiency of trademark use in China, then explains the improvement and defects of trademark use and other systems in Trademark Law Draft, finally puts out forward the ideas of perfecting the system of trademark use and trademark system.