Legal Effect Of Intent-to-use On Acquisition Of Trademark Right Through Registration

Trademark registration without a bona fide intent to use, has resulted in registration orderless, harmless to the public interest and appropriation of public resources. It has become a casualty under trademark registration system. The Rules on the Administrative Trails regarding Trademark Approval and Validity of the P.R.C Supreme People’s Court (Draft for Seeking Public Opinions)has been released. In this Rules, an article of intent to use under special circumstances was made, it will be helpful to stipulate preemptive registration, but remaining defect. Legitimacy must be considered for trademark rights acquisition,besides trademarks itself. Although there is no stipulation that a bona fide intent to use should be the element of trademark right acquisition, the article fourth and seventh provide a legal basis for the rules. According to the first paragraph of article forty-fourth, lacking of intent to use is one of the reasons which may take the applicants to be rejected grant of trademark rights, Taking into consideration the purpose of Trademark Law and each articles,a bona fide intent to use should be the element of trademark right acquisition.