Trademark "Use" Study Finds

Trademarks as identifying the source of the goods or service marks, trademarks for operators to use with others the same or similar goods or services to distinguish consumers through trade mark for goods or services related to quality and price information, you can buy what you want s product. To play the trademark to identify the source of the goods or service marks, it is essential to use of the trademark. However, our legal system for trademark lack of uniform application of standards. Our 2013 revised "Trademark Law" Section 48 pairs fashion trademark were defined for all kinds of goods coming trademark and trading instruments, or a series of advertising and other business practices in order to achieve recognition of the origin of goods Features. Here just I think, as long as the trademark on the commodities or containers, etc., as a trademark, recognized standard for the use of the mark, without further explanation, and the only way to use the trademark made a general provision, in practice, how to correctly identified use of the mark? Whether the use of trademarks on the network identified as a trademark? Do not use the trademark for three consecutive years will be revoked, to understand how to use here? This requires in-depth analysis. This article includes the following four parts:The first part reveals trademark relation nature and use of the mark, from "micro-letters trademark case", analyzes the problem from "micro-letters trademark case" caused and how it should hear the case in accordance with the current laws of China, and the theory of argumentation trademark exists basis.The second section describes the use of recognized standards legislation of a typical trademark of the United States, Japan and China’s Taiwan region to that standard each different use of the mark, for which the use of the trademark in commerce, the use of trademarks on the standard network we can learn from.The third part of the current status of use of the mark recognized start to study the provisions and judicial practice legal status of use of the mark, revealing a series of questions identified in the course of the existence of a trademark, such as the phenomenon of repeated malicious cyber squatting, network trademark lack of accurate positioning, trademark cancellation lack of uniform standards applicable system, etc., for these problems, we should pay attention.The fourth part of the "Trademark Law" in the process of recognition of trademark problems, foreign successful legislative experiences have commercial use, network trademark regulation into law norms, while improving our country does not use the trademark revoked for three consecutive years system, so that the "Trademark Law" to be more rational and effective way to guide judicial practice.