A Systematical Research On Cancellation For Many Consecutive Years Nonuse Registered Trademarks

The institution of cancellation of registered trademarks which have ceased to be used for many consecutive years is an imporetant system in clearing dead trademarks,releasing more rare resource,improving management efficiency,protecting consumers' profits.The new trademark Law has made efforts on perfecting cancellation for many consecutive years nonuse registered trademarks.But the cohesion between this system and others is not fitted by law,leading to the lack of unified judicial rules on similiar cases.In this backgrounds,studying the institution of cancellation of registered trademarks deeply,making up for the deficiencies of our country law is particularly important.Besides introduction and conclusion,this article is divided into four chapters.The first chapter demonstrates the legitimacy of cancellation for many consecutive years nonuse registered trademarks,referencing the philosophy of law and civil law's theory,including the theory of labor value,power failure and public interest.And putting forward that as long as there is the fact of nonuse of registered trademarks,the other party can defense the holder of rights,even without the cancellation procedure.But only after the cancellation procedure,registered trademark is absolute failure.The second chapter mainly analyzes the disconnection between the institution of cancellation of registered trademarks which have ceased to be used for many consecutive years and trademark right verification system.Through analyzing the judicial practice,the demurred party in opposition procedure cannot directly defense the opponent,so does the respondent in invalidity procedure.This not only violates the principle of justice,the principle of efficiency but also is not conducive to the the other party's interests.The third chapter is combinated with judicial practice and legislative regulatio,discussing the loopholes that exist in the tort liability system.Connection with different sentence,inconsistent with the results of a magistrate reason is the main problems existing in current judicial practice.Despite the new trademark law has introduced the theory of confusion,attach importance to thesignificance of the use of trademarks,but the design of the responsibility for the protection of the alleged infringer is incomplete.The fourth chapter focus on the suggestions of improvement.The "use of trademark" in the institution of cancellation of registered trademarks should treat "recognition function" as a result.The reasons maintaining trademark registration include the objective reasons,as well as the intent and capibilty of the holder.By analysing judicial interpretation and guidance case,confirming the right to defense of not use for demurred party in opposition procedure,the spondent in invalidity procedure,and the accused infringer in Infringement proceeding,and reinventing the legal consequences of the tort liability system,claiminthe defendent does not infringe the holders' right.