Research On The Cancellation Of Registered Trademarks Which Have Ceased To Be Used

The provisions of this law to the legislative purpose of trademark law in China in the first chapter,this law is to strengthen the administration of trademarks,trademark rights protection,encouraging producers and operators to guarantee the quality of goods and services and maintain the reputation of the trademark and other purposes.Our country has the exclusive right of trademark is used for trademark registration principle,has,as long as it meets the relevant provisions of the Trademark Law of China,approved and registered by the competent authority of China's trademark after acquiring the right of trademark.Because of China's trademark has convenient way is not complex,in our social practice,there are many market players to register the trademark waiting to get through the use of the trademark infringement and tort compensation,some market players a large number of registered trademarks is to late in the social activities through the transfer to get the high transfer fee,but also some market players only registered without.This kind of behavior is not conducive to market competition,resulting in a waste of social resources,but also contrary to the principle of good faith.China's trademark law has set up a registered trademark for three consecutive years without the use of revocation system for registered trademark for three consecutive years without the use and don't use proper reasons,any unit or individual may apply for revocation of the trademark.The system is of great significance to solve the problems caused by the principle of trademark registration.However,this system is not detailed in our country,the theoretical research is not very thorough.The most basic function of a trademark is to identify the function,and the function of trademark recognition is reflected in the process of trademark use.The use of trademark is of great significance to the registered trademark.This paper uses comparative research methods to the registered trademark thecanceling system in-depth research,clear the use of the trademark trademark rights must be based on real intention to use rather than symbolic use,this should be judicial interpretation and legislative perfection.China's law stipulates if justified is against this system,therefore,needs to be more refined,for legitimate reasons at the same time,based on the practice of legislation,when the application does not use the revocation of the case,the process of registered trademark rights for legitimate reasons,need to prove application for the withdrawal of three check the time using the projected forward two years of trademark.Improve the principle of trademark registration,effective reference to the relevant provisions of the U.S.trademark law,in the process of applying for trademark registration requires the applicant to prove the use of intent.In the renewal of trademark,the right person should be submitted to the specific circumstances of the use of trademarks,according to the provisions in the legislative practice,before the date of application for the renewal of two years is true can be used for renewal.In addition,China's trademark authority can be established using a special review of the Trademark Department,to belong to the legal provisions of the cancellation of the registered trademark case should not only timely revocation,should also update the brand name optional library.At present,the utilization rate of the system in our country is still very low,we should publicize the system in time.The study of this system is not only of great significance to the practice of our country's legislation,but also has an important influence on the legitimate competition of the market economic order.In this paper,I hope that the future of China's legislation,judicial practice has some reference significance.