Study On The Cancellation System Of Registered Trademark In China Not Used For Three Consecutive Years

Throughout the current trademark law of our country,it is not difficult to find that the cancellation system of non use of registered trademarks for three consecutive years belongs to a very important trademark system,which plays an important role in remedying the disadvantages brought by the trademark "registration acquisition" system,clearing up the idle or long-term non use of trademarks,giving full play to the functional value of trademarks,and promoting the optimal allocation of trademark resources Make sense.China has improved the system by amending the Trademark Law of 2013,and the detailed rules for the implementation of the Trademark Law of 2014 and relevant judicial interpretations have also increased some provisions accordingly,but the overall system design is still very general and extensive,especially reflected in the system definition.Due to the lack of uniform and clear judgment standards in practice,there are many differences between administrative management and judicial judgment.On the procedural issue,the provisions on the starting method and the burden of proof are all rational choices after a comprehensive trade-off between the protection of private rights and the efficiency of clean-up,but the choice is always a deviation between the two,or a dead mark of the garbage trademark,or a systematic abuse;in addition,the system is relatively new.Although the system has been concerned for many years,its coordination with other systems(such as trademark infringement system,trademark objection system and trademark invalidation system)is not mature enough.This paper holds that the definition of "trademark use" should reduce differences and achieve standardization,and determine that each requirement should follow the purpose of establishing the system,and improve procedural defects.It is suggested that we should learn from the experience of other countries and keep the logical consistency between trademark systems.The main content of the first chapter is to introduce our country’s registered trademark cancellation system for three consecutive years,and enumerate the foreign regulations on the system,thus leading to the main problems of this paper.This paper discusses the origin and causes of the trademark revocation system,analyzes the rationality of the trademark revocation system and the non use revocation system of the registered trademark for three consecutive years from the source,discusses the value of the non use revocation system of the registered trademark for three consecutive years,and believes that it can save resources and promote competition to a certain extent.At the same time,it analyzes the system of trademark non use revocation in the United States,the European Union and Japan and its remarkable characteristics.These basic contents provide the theoretical basis for the discussion of the problems,and lead to the main problems of the text discussion: the problems in the definition of "trademark use" in the legal provisions,the specific application of the system to propose the conditions for revocation,the procedural problems in the system,and the contradictions between the system and other systems.The second chapter mainly focuses on the analysis of the "use" behavior in the three-year non use revocation system of registered trademarks in China,and discusses the definition and judgment standard of "use" of trademarks in China’s trademark law,as well as the identification of the special "non use" behavior of registered trademarks.At present,our country’s law does not provide for the interpretation of trademark "use" accurately and specifically,but the interpretation of trademark "use" in trademark law raises it to the level of legislation,reflecting the importance of trademark "use" in trademark protection.There are also cases about trademark "use" in judicial practice,but the specific cases are lack of legal certainty.Through the analysis of the "use" behavior in the cancellation of three consecutive years of non use of registered trademarks in China,we can make clear the dilemma and some misunderstandings in the determination of "non use" of trademarks in China,which can provide some guidance for the discussion of the cancellation system of non use of registered trademarks for three consecutive years.The content of the third chapter is the condition that our country does not use the registered trademark for three consecutive years.This chapter is mainly from the positive conditions and the negative conditions of force majeure,policy restrictions,bankruptcy liquidation and other legitimate reasons to explore the conditions for revocation,and give suggestions to improve the conditions for revocation,and further clarify the above conditions for revocation,which is conducive to understanding the remarkable characteristics of China’s registered trademark non use revocation system for three consecutive years,and then put forward suggestions for improvement.The fourth chapter is about the procedure of not using and revoking the registered trademark for three consecutive years.It mainly introduces the main body of the cancellation procedure,the characteristics of the examination,the burden of proof and the standard of proof,as well as the legal effect of the procedure.In the aspect of procedure,this paper analyzes the characteristics of the system in China,and puts forward some suggestions for the improvement of the procedural problems in the system of non use revocation of registered trademarks for three consecutive years.