The Intention To Use In The Process Of Trademark Registration

At present, the implementation of the registered trademark right system in our country, in the application for trademark registration process, the use of a trademark without any requirements, just abstract intentions in China’s trademark law article fourth, but this is not enough to adapt to the needs of development of trademark mode now. In practice, there is no real intention to use a large number of application for trademark, hoarding behavior has a certain universality, and the case of the plaintiff’s behavior is a reflection of this phenomenon, this paper takes the case as an example analysis of intention to use in the process of trademark registration, which is divided into four parts.The first part is mainly composed of a case analysis of the introduction and the dispute then the theme: the trademark registration process attempts to use. This part mainly introduces the crime reason, after the main point of controversy three courts and on the point of controversy carries on the brief analysis, obtains our country the preemptive trademark registration and trademark occupy movement appeared more serious is one of the important reasons in China’s trademark registration process, there is no corresponding critical of the use of trademarks, which leads to the trademark rights provisions in China’s trademark law certified system lack of intention to use regulations and analysis of factors of the legitimacy and rationality of the introduction of China’s trademark registration link.The second part mainly introduces the components of the intention to use the trademark and the intention to use and analyze the actual use, draw the trademark registration system advantages and disadvantages of current our country, the conclusion is always implement the trademark registration system in China is based on the consideration of national conditions, and at the beginning of the trademark law promulgated the influence of foreign intervention in China and the implications of the results, a simple registration system leads to a large number of trademark registration and trademark registration act blindly, for lack of trademark use remedy for trademark registration behavior is also relatively weak, through the analysis of the present situation of trademark registration, which leads to the third part of the intention to increase the rationality, legitimacy and the importance of using rules.The third part mainly analyzes the intention of using the judicial decision, from the provisions of the regulations on the use of intention and the foreign legislation of this trademark law of China, and two more, that in the application for trademark registration, Trademark Bureau of the intent to use examine what factors, and analyzed after introducing the meaning of intent to use terms. Through the second parts of the introduction and analysis we can see that the intention to use the provisions mainly comes from the USA "Lanham act", the intention to use a more detailed introduction, and through the intention to use and actual use of the comparison is the fundamental reason for the use of the trademark law, therefore, we have to apply for trademark registration must be designed to the use of trademark in trademark law sense, and in the registered trademark application was not practical use, to the intent to use should be a comprehensive examination and judgment, to make a fair and reasonable decision.The fourth part mainly introduces the Suggestions to the improvement of the system of trademark registration, through the analysis of various aspects of the obtained China’s trademark law though not completely transplanted America trademark system, but to some extent on American approach is appropriate, subject to the provisions of the application for trademark registration, procedures and legal consequences of inappropriate registration that is, for a variety of trademark cybersquatting acts occur in practice and the lack of intention to use the registered trademark behavior response, also make up the defect of the trademark registration, effectively enhance the trademark publicity effect, also reflects the efficiency of trademark registration system and double the value of fairness.