Analysis Of The Validity Of Evidence Under The Non-use Revocation System For Registered Trademarks

The three-year non-use revocation system of registered trademarks is an important system of China's trademark law.Its legislative purpose is to avoid the waste of trademark resources,and to encourage the trademark right holders to put the registered trademarks into actual uses,giving full play to the function of the trademarks of distinguishing the source of goods or services.In the practices of reviewing trademark revocation cases,due to the fact that the provisions of the current legal provisions on the connotation of trademark use are not very clear,there is disagreement between the administrative authorities and the judicial authorities on the understanding and application of the law of the three-year non-use revocation system for registered trademarks,and there are inconsistencies in the determination of trademark use evidence.By analyzing a large number of administrative adjudications and court decisions in recent years,this paper intends to summarize the basic rules of the identification of trademark use evidence under the three-year non-use revocation system of registered trademarks,and puts forward specific proposals for improving relevant systems.On the basis of the basic theory of trademark use,through the analysis and comparison of the non-use revocation systems of registered trademarks in different countries and regions,this research focuses on the issue of the identification of trademark use evidence.In conjunction with the practices of trademark revocation cases,this paper will actively explore the standards of the identification of trademark use evidence under the three-year non-use revocation system of registered trademarks in China.In the first part,the background and significance of the research are discussed preliminarily,the previous research findings are summarized,and the research methods,contents and frameworks are determined.The second part,starting from the analysis of the connotations of "trademark"and "trademark use",distinguishes three situations,namely,the prior use,the tortious use and the maintenance use,and further discusses the differentiation standard of the identification of trademark use evidence.The third part will sort out the non-use revocation systems of registered trademarks in different countries and regions such as China,the United States,the European Union and Japan,and compare their differences.With a large number of trademark revocation cases in recent years,from the two dimensions of form review and substantive review,the fourth part analyzes the issue of the identification of trademark use evidence under the three-year non-use revocation system of registered trademarks.The form review mainly focuses on the subject of trademark use,the normalization of trademark use,the scope of the use of goods,and so on.Substantive review focuses on the authenticity,openness and effectiveness of use.Through the analysis of problems and shortcomings of the three-year non-use revocation system of registered trademarks in our country,referring to the achievements of other countries or regions,the fifth part puts forward specific proposals as making clear standard of review,formulating the rules of evidence and rational distribution of the burden of proof,and thus makes a contribution to the perfection of China's trademark law system.