Research On The Revocation System Of Continuously Non-used Registered Trademark

In the Trademark Law of China,it is clarified the revocation system of continuously non-used registered trademark,and the stipulation that continuously non-use will lead to the revocation of trademark right.After the revocation procedure is started,the trademark owner needs to provide proof that the trademark has actually been used,or a reasonable justification for not using it,in order to avoid the revocation of the registered trademark.The revocation system of continuously non-used registered trademark relies on the theory of invalidation of right and the theory of trademark recognition.In reality,it has the functions of maintaining market competition order,rational use of trademark resources and encouraging trademark owners to actively exercise their rights.By examining the status quo and predicament of the revocation system,it is known that the dispute point of the system lies in the identification of “use” and “reasonable justification”.The existing provisions of the Trademark Law are not comprehensive,and the criteria for the use,the subject,the form and the scope of the use vary in the case,and there are loopholes in the enumeration of justifications.There is also controversy about how to deal with the contradiction between the defensive trademarks that do not have the purpose of use and the revocation system.In order to provide legal guidance for the treatment of registered trademarks without the use of revocation cases,the specific criteria for determining “use” in the system should be clarified,the role of intention should be emphasized,the effective subject of trademark use should be determined,the form of use of the mark should be open,the scope of use of the mark should be flexible;the reasonable justification should be improved and the time limit should be added,set exceptions for defensive trademarks;improve the procedural rules of the revocation system,appropriately increase the applicant's burden of proof,and establish a systematic rules of evidence.Re-combine the identification of trademarks without using the revocation standard,systematically improve the registration of the revocation system,to ensure that the application of the system is in line with the legislative purposes of the trademark law.