Comment On The Case Of Jiangxi Evergrande Suing Trademark Review And Adjudication Board

The identification of trademark use is an important part of the system of non-use cancellation of registered trademarks for three consecutive years(hereinafter referred to as the system).Its legislative purpose is to prevent limited trademark resources from being idle and waste,and to encourage trademarks to be put into market circulation through the cancellation system to give full play to The value of the trademark.Since my country’s current legal system does not provide for it,there are also differences in the understanding of the use of trademarks by administrative agencies and judicial agencies.The case of Jiangxi Evergrande v.Trademark Review and Adjudication Board lasted five years.After five trials,it finally ended with the cancellation of the trademark involved.Whether the user of the registered trademark has the real intention to use it,and whether the alleged use serves the identification function of the trademark.Whether part of the use within the approved use can maintain the registration of the trademark on other goods is the focus of this case,and it is also the most basic and core issue in the system.Registered trademark users must have true use intentions when using trademarks.This is basically a consensus in the academic circles.However,there is still dispute about the status of true use intentions,that is,the true use intentions are in the trademark use identification system of the system.Whether it should occupy a core position and the criteria for determining the true intention of use should be clarified in the law.Regarding the form of use,the use of a trademark should be open and commercial,that is,to give play to the identification function of the trademark.The focus of the dispute in this case is whether the printing factory invoice and the promotional materials in the newspaper provided by the trademark owner can prove that the use conforms to the form Claim.In addition,the scope of use of trademarks is another point of contention in this case,that is,the scope of trademark maintenance is only part of the scope of approval,and the maintenance of trademarks only applies to the goods or services used and similar to them,but not For all approved products.This article analyzes the issue of trademark use identification in the "three withdrawal" system,draws on the mature experience of other countries,and proposes to clarify the core position of true use intention in the trademark use identification standard,and also proposes that the form of trademark use must be "open" And “commercial”,flexible setting of trademark use scope and other specific suggestions.Reorganize the criteria for determining the continuous non-use cancellation of trademarks,systematically improve the continuous non-use cancellation system of registered trademarks,and ensure that the results of the system are in line with the legislative purpose of the trademark law.