Analysis About Not Using For Three Consecutive Years Of Trademark

The value of the trademark is in its using,the trademark only gives its full play to identify the goods or the sources of services in the commercial activities can play its due economic function.However in fact,there are numbers of trademark is abused and used by unscrupulous businessmen.In this situation,the repealing system of trademark especially the repealing system of three years without use is particularly important.So,the author conducted an in-depth study by accessing to a large number of literature and finding out many scholars' academic views.In this essay,the author found out that utilization rate of the repealing system of three years without use was very low,this situation had aroused my reflection: why the value of the repealing system of three years without use can not be fully used? The author set off from the definition of the repealing system of three years without use,causing of the evidence grasped by the trademark registrant so the burden of proof was given to the trademark registrant.Meanwhile,when the applicant of repealing trademark filed an application for revocation,trademark registrants need to prove their use:the use of trademark was controlled by themselves and had true intent to use within the approved scope,the use of the trademark should fall within three years without the use of the revocation system for three years.In addition,the identification of evidence should also comply with the provisions of trademark review and even in the Administrative Procedure Law on the identification of evidence standards.Finally,if the trademark registrant does not have a legitimate reason except one of force majeure or policy restrictions or bankruptcy liquidation.At the end of the paper,the author summarized the full text,coming up with that we should make clear that we need to define the concept of the use of the main body of the mark and the proper reasons for not using it,at the operational level we still should refine the terms of the calculation and revoke the applicant to make initial evidence,with a view to better improve China's trademark law,thus really playing three years without the use of the revocation of the system,better maintaining the market economy order.