The Improvement Of The Registered Trademark Without Using Cancellation System

Registered trademark without using cancellation system is an important system in trademark law.It means a lot on making up the disadvantages of the system of“acquisition through registration”,cleaning up the idle trademarks,realizing the function of the trademark,and promoting the optimized allocation of trademark resources.Even through the trademark law has been improved in 2013,and some regulations have been added to the regulations on the implementation of trademark law and judicial explanation,the whole system is still very general.Especially in the definition of "trademark use",there are so many disagreements between administrative and judicial decisions.About procedure,although both the regulations of starting mode and burden of proof are enacted which based on weighing comprehensively between protection of private right and cleaning efficiency,no matter what choice has its shortcomings,or to leave over the waste trademarks,or to abuse of the system.In addition,because the system just has been taken seriously in recent years,it is not mature enough compared with other systems such as infringement,objection and invalidation system.In order to unify the standard of “trademark use”and reduce the disagreements between administrative and judicial organization,it's suggested to make the constitutive requirement of “trademark use” clear in the law,which must be based on the purpose of setting up the system.About the procedure,it's suggested to add the review of“trademark use” in renewal stage and add the participation of applicant for remedy.As for the problems on coordinating with other systems,it's suggested to add three years of disuse as the justification in the infringement,objection and invalidation procedure by learning experience from other countries,which aims at keeping the logic of each system consistent.