The Study On The Legal Application Of The System Of The Revocation To The Registered Trademark That Has Not Been Used For Three Years

Most of the countries that use registrars in the world provide that the trademark owner has the legal obligation to use and use the registered trademark in real terms and is reflected in the corresponding system setting.These systems are usually set up in a way that is not used to limit the trademark rights,or in a negative way.Many countries are multiprocessing,and the trend is increasingly emphasis on effective and effective use.China's trademark law is also the use of ministration,Article 49 provides no legitimate reasons for three consecutive years will not use the registered trademark will be revoked according to the application(that is,the practice called "withdrawal three" system).Therefore,in the "withdrawal three" procedure,the trademark registrant needs to prove that the registered trademark has been used effectively and validly during this period,or if it is not used,it is necessary to avoid the revocation of his registered trademark.The core controversy in practice is the focus of "use" and "justification".But what kind of "use" behavior is true and effective use? There is no specific provision for this trademark regulations,require the Trademark Office reviewers or judges to determine in the case;although the regulations on the implementation of the Trademark Law provide for "justification",the circumstances of the practice are not applicable.In order to better apply the "withdrawal of the three" system,we must fundamentally grasp the applicable standards of the system to ensure that the results are in line with legislative intent.Based on the legislative purpose of the "withdrawal of the three" system,this paper puts forward the specific standard of "use" and "justification" in the "three withdrawals" procedure of the registered trademark,in order to provide the guidance to the application of law,and at the same time to guide the registered trademark holders to legally appropriate use of registered trademarks,to avoid improper use and lead to improper withdrawal of the role.