Research On Symbolic Use Of Trademarks

China adopts the trademark registration acquisition system,the registered trademark does not take the use as the premise,once the trademark is registered,the trademark registrant obtains the rights granted by the trademark law.With the increase of the value of trademarks,people began to hoard trademarks in large quantities to make profits,and the symbolic use of trademarks to circumvent China's trademark three years of not using the revocation system.Although the use is not the prerequisite for the current registration in China,the trademark maintenance and the exercise of the right of claim depend on the use of the trademark.The symbolic use of the trademark cannot produce the effect of trademark maintenance and the exercise of the right of claim.The Chinese law has explicitly stipulated that the symbolic use of the trademark does not belong to the use of the trademark.Therefore,only symbolic use of the trademark should be revoked in accordance with the law.Due to the unclear provisions of the current law on the symbolic use of trademarks,there are differences between administrative and judicial organs in the process of reviewing trademark revocation cases.By analyzing the theoretical basis of trademark use and combining many administrative rulings and court judgments.this paper proposes specific Suggestions for perfecting the identification of symbolic trademark use.This paper consists of four parts.The first part analyzes the definition and origin of the concept of symbolic use of trademarks,and analyzes the typical forms of symbolic use of trademarks from "LAPONITERD" trademark case,millennium dragon trademark case,American "Sure" and "Assure".The second part discusses the rationality of revocation of trademark symbolically used from three aspects: the scarcity of trademark resources,the essence of trademark and the foundation of trademark right.The third part expounds the legislative status of the identification of symbolic use of trademarks and the two major problems caused by the vagueness of the identification standards of symbolic use of trademarks.First,the trademark office and the court have different judgments in the same case,and the legal documents ofthe administrative and judicial organs lack credibility.Second,some enterprises immediately to the trademark office to apply for the same trademark,and some enterprises even every other year to apply for a new one,in order to keep their registered trademark.The trademark revocation system not only fails to clean up unused trademarks,but also urges trademark registrants to occupy more trademark resources.The fourth part in view of the symbolic use of trademark recognition standard is not clear,through combing court for symbolic use of trademark in recent years and the trademark office of the administrative decision,it is concluded that the use of the trademark scale,the use of trademarks,trademark factors such as the use of time,will decide the symbolic use of trademark after it as reference.