The Research On The Identification Of Token Use In "Revocation Of Three" Cases

The identification of token use is an important component of the revocation of the registered trademark not used for three consecutive years system(hereinafter referred to as "revocation of three" system),the legislative purpose is to prevent limited trademark resources from being idled and wasted,through the revocation system to encourage the trademarks to enter the market circulation and give full play to the value of the trademark.As China's current legal system does not provide for it,there are also differences in the understanding of the identification of token use between administrative organs and judicial organs,and there are usually many differences in the identification of factors and evidence.In practice,there are differences in the recognition of token use in the case of "revocation of three",which leads to different judgments in the same case and affects fairness and justice.Therefore,it is necessary to study the token use in the case of "revocation of three".Thorough comparative analysis on current situation of the token use identification factors domestic and abroad,assisted by the correlative theory of trademark revocation system,this paper focus on the problems of identification consideration factors and evidence adoption,actively explore the consideration factors for behavior identification of token use and specific standards of evidence adoption under China's "revocation of three" system.The first part of the paper analyzes the current judicial chaos of token use identification,which results from the unclear concept and inconsistent identification consideration factors.The second part analyzes the concept of "trademark use" and defines the meaning of token use of registered trademark.The third part analyzes the main factors of token use identification in practice,combined with a large number of identification of the token use cases in "revocation of three" cases in China in recent years.The fourth part analyzes the cases in dispute to find main divergences on China's current identification token.The fifth part analyzes and arranges the main consideration factors in the trademark token use identification in The United States,Japan,the European Union and other countries,and compare the identification consideration factors differences between different countries.The sixth part analyzes the divergence problems of token use identification consideration factors in China,uses mature experiences from other countries for reference,puts forward a unified standard to clarify token use identification consideration factors,and puts forward specific suggestions such as clearing evidence examination standard for identification of token use,establishing rules for evidence identification and adoption,completing proof-providing procedure etc.,make a contribution on my own to promote the trademark revocation system in China.