Study On The Cancelling System Of Registered Trademark Which Have Ceased To Be Used

In 2013, China revised the "trademark law " in the third time, trademark cancellation system which the trademark has not been used has also been modified.THE definition of the trademark in use also been done, but after this modification,trademarks are not suitable for revocation of the rules of law despite the perfect but the provisions of more general, such as the new "trademark law" in Article 49 "to change its registered trademark" and the "change" is refers to the degree of change, is not completely change or allow subtle changes. On the other hand, for the actual business activities, how to use a registered trademark is a trademark for three years without the use of revocation system.Although the trademark without the use of revocation system has been modified in new trademark law, but circles system in some specific problems remains controversial. With the development of economy, trademark for enterprises is becoming more and more important, the number of registered trademarks is increasing, in practice the registered trademark without the use of revocation is more and more. Through the research and analysis of the case and the relevant laws and regulations in three regions of China, Japan, the European Union, find the difference,also draw lessons from it for our country should, in order to further improve theregistered trademark of our country in revocation system.In this paper, the text is divided into four chapters, the first chapter is mainly on the registered trademark for three years without the use of the revocation system of relevant laws and regulations, and based on analysis of the three countries and regions of the non use of a trademark revocation system to summary the characteristics and do a comparative study, from the legislative level to find places worthy of our reference.The second chapter is the key chapter of this thesis, mainly about the identification of the "no use" behavior of the trademark. This chapter mainly uses the form of case summary, through a number of case analysis and compary Japan, the European Union, China three countries in the "no use" of the specific problem in use and the specific analysis. The first section of this chapter is mainly from the point of view of the minor changes in the trademark on the use of three countries to sum up the use of trademarks. The second section to the fourth section is mainly from the use of the trademark on the three countries of the chart to analysis the case. What change in the trademark of changes in the problem was identified as subtle changes, Japan,the European Union and other countries is how to determine the changes of trademark belongs to the subtle changes.From the foreign case finding our analysis. The reason why draw lessons from the foreign case is because in our country the identification of subtle changes in trademark exist some problems, especially the problem in judicial practice, how to identify changes in trademark belongs to the subtle change, in the judicial practice of our country did not change was identified as a detailed decision,but rather a simple exposition. Practical problems of this approach for the future, we may learn the fewer places, trademark owner cannot according to the judgment of the court or the legal rule to plan their future use, because he could not predict what kind of changes are subtle changes. Therefore, this chapter studies the relevant cases of Japan and the European Union, in order to find a suitable experience for our country.Also discussed the other use in this chapter, such as the use of a trademark on which items belong to trademark use or unused, how to judge no-use in advertising trademarks. Problems in the use of trademark license, and so on, are described in thischapter.The third chapter mainly explains the legitimate reasons for what the registered trade mark on-use not to be revoked. Through the case studied abroad to find a better way to determine the analysis. In order to seek ruling that suits our country, this chapter still adopts the way of cases to carry on the summary analysis on the various provisions of the three countries. For the reason, this article mainly from the force majeure, the policy limit, the bankruptcy liquidation, the other, these four angles to carry on the research about the legitimate reason. In this regard Japan and China are more similar that the legitimate reasons are divided into several types. While the EU for the legitimate reasons is not classified, through the case of the use of legitimate reasons to analysis the problem, and finally determine whether belongs to a legitimate reason for the case.The fourth chapter mainly basis on the former three chapters above problems put forward to solve for our suggestions. The first section is about the standards of trademark "no-use", looking for the practice of our country for reference, such as in the identification of subtle changes in trademark proposed judicial interpretation suggestions, hope that through this way to specific the relevant issues of the solutions.The second section is starting from the justification for the trademark "no-use",according to the writing of frame in chapter three, this section are further refined the reasons, policy constraints, bankruptcy liquidation and other four aspects and warrant judgment that made from abroad for reference of decision thinking.