Research On The Sustainment Of Defensive Trademark Under Trademark Non-use Revocation System

The trademark non-use revocation system was originally created to encourage trademark owners to put the trademark into practical use, whereby the function of trademark to distinguish the sources of goods can be realized.It can clean up the long dormant registered trademarks to avoid trademark resource monopoly and trademark waste. But for defensive trademarks, it has the opposite purpose. Defensive trade mark system is not intended to be used for actual use, but in order to prevent illegal or improper registration of speculators to avoid consumers to be confused and misidentificated, which can damage the commercial value of well-known trademark. The original intention of defensive trademarks was never trying to distinguish the function of goods, but in order to expand the scope of protection of well-known trademarks, to protect the commercial value of well-known trademark from any harm. Therefore, under the trademark non-use revocation system, if defensive trademarks want to be sustained, it must be put into practical use to be free from the fate of being revoked, but that also runs counter to the defensive trademarks system originally created, the fundamental contradiction between the two system is already being. Therefore, studying the contradiction between the two system can seek the feasibility solution to this conflict, which is very important to maintain the original intention of trademark system and give full play to the defensive function of the defensive trademarks system.This paper starts from the typical cases of cancellations, then leads the contradiction between the trademark non-use revocation system and the defensive trademarks system, and analyze the system between China and the United States, Japan, and then combine with the actual situation of our country to put forward its own proposal about that the construction of defensive trademark system in China, how to solve the use of defensive trademarks and how to improve the trademark non-use revocation system to resolve the conflict between the two systems. Articles is mainly divided into five parts: the first part main introduced related case of research situation, then proposed the contradiction between the trademark non-use revocation and defensive trademark system;the second part mainly introduce the need and feasibility to established the defensive trademark system in China; the third part mainly analyze the contradiction between the trademark non-use revocation system and the defensive trademarks system, then leads that the defensive trademark system faces some dilemma in trademark non-use revocation system, and analyze the several possible solution on the dilemma; the fourth part mainly introduce the related system of United States and Japan, it first introduce the protection measures on famous trademark and the trademark non-use revocation system on United States,then introduce the defensive trademark system and the trademark non-use revocation system in Japan, and analyze the solution of the contradiction between the trademark non-use revocation system and the defensive trademarks system;the five part mainly put forward author's recommendations, such as the defensive trademark system to be build and to make the trademark non-use revocation system perfect.