Discussion On "Registration" And "Use" In The Acquisition System Of Trademark Right In China

The core value of trademark right is its practical use.The principle of acquisition by registration has been adopted for the Trademark Law in China,however the practical use of trademark isn't highlighted in it.The cases of Wechat and iPad trademarks and the emergence of a large number of trademark squatting behaviors have revealed the contradictions between “Registration” and “Use” in the acquisition system of trademark right.Meanwhile,this system should abide by the principles of fairness,good faith and promoting market economic development.The Trademark Law is the one that serves the development of market economy,therefore,the principle of promoting market economic development should be embodied in related legislative and legal practices.Through the combination of the basic principles of acquisition system of trademark right,the present paper makes type analysis on the contradictions between “Registration” and “Use” in this system,tries to analyze and deal with related issues at the macro level of market economy development,i.e.the essence of use of trademark ought to be emphasized while adhering to the acquisition system of trademark registration,meanwhile,the “Registration” should be taken as the principal thing and the “Use” as the subsidiary role,thereby pursuing the reasonable balance between them in the acquisition system of trademark right.Given the principles of fairness,good faith and promoting market economic development,the specific measures for improving this system include the breakthrough of prior application rule,maintenance of trademark rights that have been registered and acquired and the review of practical use on trademark applications for registration,etc.The paper is divided into four parts.The first part is the introduction on acquisition system of trademark right,which clarifies its quality of related concepts and introduces the development of acquisition system of trademark right,meanwhile,it has demonstrated that the core value of trademark right is its practical use,indicating the significance of “Use” in the acquisition system of trademark right.The second part is the in-depth exploration on the basic principles of acquisition system of trademark right,which emphasizes that the category of determination on the principle of fairness should be expanded at the level of whole development of market economy.Second,the principle of good faith should be emphasized.Moreover,it also emphasizes the principle of promoting market economic development.The Trademark Law is the one that serves the development of market economy.The principle of promoting market economic development should be our legal basis of handling issues and considered accurately in related legislative and legal practices.The third part is the type analysis on contradictions between “Registration” and “Use” in the acquisition system of trademark right,which makes deep argumentation and exploration on related cases on the basis of combination of basic principles in acquisition system of trademark right,including the trademark cases of Wechat and iPad and the trademark squatting behaviorsBased on the previous type analysis,the fourth part proposes the directions and methods for improving acquisition system of trademark right.The acquisition system of trademark registration should be abided by while emphasizing substantive status of use of trademark,and the “Registration” should be taken as the principal thing and the “Use” as the subsidiary role,thus pursuing the reasonable balance between them in the acquisition system of trademark right In the meantime,the basic principles of acquisition system of trademark right should be applied flexibly in legislative and legal practices,providing jurisprudential supports for handling related issues,specifically including the breakthrough of prior application rule,maintenance of trademark rights that have been registered and acquired and the review of practical use on trademark applications for registration that are prone to trademark squatting,etc.