Registered Trademark Without The Use Of Cancellation "use" Problems In The System Analysis

Registered trademark without using cancellation system as an important system oftrademark law, effective competition in the market to procure registered trademarks,trademarks promote optimal allocation of resources, active commodity economy, also most ofthe world countries have adopted. Our newly revised "Trademark Law" is still setting up thissystem and made a further improvement, but compared to other developed countries, thedesign of this system, the design of this system is still there for many deficiencies.Performance in the trademark legislation of the provisions of this system is too general, suchas "trademark use" provisions vague justification to avoid revocation ill, do not use theregistered trademark for three consecutive years time starting point is also seen its culture,making judicial practice trademark administration and the court do their job, the lack ofuniform criteria, seriously affecting the unity of the law, hindering the effective functioning ofthe value of this system.This paper is divided into five parts, the first part of the article from the2012China topten innovative IPR judicial protection in cases of sexual Xu Bin Industrial Co., Ltd. andNanjing MG, Nanjing Automobile Group Co., the exclusive right to a trademarkinfringement dispute case to start, brief facts of the case and the present case the focus of theshow, and then revoke the registration system does not use a trademark "use" issues related tothe initial Exploration. The second part of the article were from the use of trademarks andtrademarks functional relationship, the relationship between the use of trademarks andtrademarks as well as to obtain the real nature of the problem under the background of China’strademark registration mode doctrine expounded three functional value of this system,establish a system to provide for this theoretical basis. The third part with the new revised "Trademark Law" and its supporting regulations, refer to the current judicial practice in typicalcases, and learn from the legislative experience of other countries, from the use of bodyregistered trademark of subjective intent, scope and objective behavior of objects fourregistered trademark revocation system does not use the " usage behavior " to do a specificdefinition. The fourth part analyzes the registered trademark revocation system does not usethe "use" of the relevant time, including " three consecutive years ’ time the starting point andtrademarks aside the award retroactivity issue. Part V systematically expounded the newlyrevised " Trademark Law" About a registered trademark of the highlights of the revocation of the system does not use Office and relevant recommendations for further improvement, suchas trademark law "trademark use " distinction and refinement, not clear and the justificationfor the use of retroactivity " for three consecutive years ’ time the starting point and therevocation of the decision to provide its own proposal for the establishment of our thinkingand the effective operation of the system. Revelation at the end of the article, the authorconcludes the paper, based on the brief of Nanjing MG trademark infringement case werereviewed, and hope that this paper can not protect the long-term problems in the future due tothe use of a registered trademark is revoked to provide useful reference.