Determination Of Use Of Trademark In Revocation System Of Three Years Non-use Of Registered Trademark

The revocation system of three years non-use of registered trademark is an important part in the exit mechanism in China.It aims to clear up stock trademarks in market,prevent the waste of trademark resource and protect the public's interests.However,we can find from the procedure of sorting out cases that there are quite a few cases concerning the system of three years non-use of registered trademark every year,some of which are instituted by trademark owners,some of which bytrademark review and adjudication board.This means there are still some problems in the confirmative rules of this system.The paper attempts to table a proposal to our current legislation and justice concerning this system through analyzing,inducing and summarizing the administrative cases sorted out,pointing out the problems in the confirmative rules of this system and studying the legislation and cases both home and aboard.In addition to introduction and conclusion,this paper is composed of three parts as follows.The first part mainly analyze the basic theory and the background.Theoretically,analyze the significance of trademark use and compare the trademark use in infringement systemand revocation system.Practically,analyze and summarize the administrative cases concerning the revocation system of three years non-use of registered trademark by factors,list a table according to the factors,and find the trend of legislation and justice in the confirmative rules of this system.The second part is the central chapter in this paper.It induces the use of trademark into four factors,respectively are subjects of use of trademark,intention of use of trademark,objects of use of trademark and objective behavior of use of trademark.List the typical problems in these four factors respectively,analyze by relating to the legislation and cases both home and aboard further,and explain my own opinions.The third part table proposals of differentiating and detailing Use of Trademark in Revocation System of Three Years non-use of Registered Trademark and optimizing operational approach by combining the administrative cases concerning the revocation system of three years non-use of registered trademark after the procedure of raising questions and analyzing questions.