Use A Registered Trademark Of Research

Trademark produce premise is to use the trademark is maintained through the use and existence, if the trademark owner to use the trademark lazy, trademarks registered in the state will not use, that is the trademark of idle state. Always dependent on the use of the trademark is reflected using the trademark throughout the acquisition, maintenance and protection of all aspects of trademark embodies the core values. For the definition of use in our theory and practice are controversial,2001 edition of "Trademark Law" relating to "use" requirement does not specifically define the forthcoming new "Trademark Law" in Article 48 explicitly states that "the use of the registered trademark" concept, but at 49 and 57 were made regarding the use of trademarks and trademark infringement in trademark cancellation provisions, but did not specify whether the two use the same concept.This paper is divided into four sections in total. First IP companies apply for revocation of Shenzhen Proview iPad trademark is not used for three years to the State Trademark Bureau. This article leads to the question:"use" registered trademark and trademark infringement environment for three consecutive years does not use the "use" under revocation system is equivalent to? Two "use" of that standard if there are differences? Two "use" of that standard if there are differences? Consequent study of trademark "use" to further clear standards and forms of use of the mark in order to enhance and protect trademark interests.The first part is to use the trademark of association analysis from the perspective of the history and philosophy of law developed to analyze the use of the trademark is generated on the basis of appearance trademark, trademark registration system is to protect the value of the effective use of trademarks and trademarks maximization. "Registering principle" for weakening "the use of the principle of" even abandoned, leading to various problems in practice gradually exposed, the presence of a large number of idle mark not only the trademark itself not realize the value and function, can not long remain the trademark of vitality, but also violated the the field of civil and commercial requirements of the principle of good faith, but contrary to the purpose and meaning of trademark law system settings.The second part is the definition of registered trademarks. This section discusses three aspects. The first is to define the meaning of the use of the trademark by the study of the status of foreign legislation and typical case analysis, from the perspective of national legislation trademarks, trademark and trademark value closely, there is a real use, form and intention to use three forms. According to the legislative purpose of trademark law, whether it is intended to be used or are using real people are concerned about the use of the trademark value, but only a form of objective reality to reproduce. Status and theoretical controversies legislation defining research on foreign trademark use of theorists had a significant impact, particularly on the use of trademarks in Japan theorists define differences greater impact. Revocation "use" system under the trademark owner actively to encourage the use of trademarks, maintain trademark rights subsisting; while " use " infringement environment is to prevent a third person other than the trademark owner to use the trademark infringement, effective protect the legitimate interests of trademark owners and consumers.The fourth part is the registered trademark for three consecutive years in China do not use the revocation system perfect Suggestions are put forward. Problems through the use of trademark under the withdraw system, compared the tort system of environment and revoke the trademark of "use", thus concludes that "use" is the core of the trademark rights value, in different link that will be different under different environment, therefore not of the same word in different environment to the same standards as the basis of explanation. The third revised trademark law although the definition of the trademark use, largely to cancel the system of many of the problems detailed, but from the overall perspective, the author thinks that the system is perfect, the author puts forward the concept of perfect trademark use, to use way.