Research On The Intention To Use Of Trademark Registration

The behavior of honest operators using trademarks is the foundation and origin of trademark value and trademark right protection system.With the main purpose of effectively curbing the malicious hoarding of trademarks,the newly amended trademark law in 2019 takes"malicious trademark registration application not for the purpose of use" as the reason for rejecting the application,for the first time,the requirement of intention to use of trademark registration has been mentioned in the relevant legislation of China,however,the related practical problems still need to be solved.The requirement of intention to use in trademark registration adds a new legal basis to deal with the frequent occurrence of trademark malicious hoarding,it is of great practical significance to our country.At the same time,it can also correct the natural deficiency of the registration system adopted in our country in protecting fairness and justice.It also establishes specific provisions for the principle of good faith in combating malicious hoarding of trademarks,which can be used as the basis of judicial administration.The United States,the United Kingdom and Japan have their own characteristics in legislation and judicial practice,and our country can draw lessons from them.For China’s trademark office,it is necessary to clarify the connotation and relationship between "not for the purpose of use" and"malicious",and the former should be emphasized,meanwhile,studying the relationship between the intention to use and the invalidation of registered trademark.When judging the intention to use,we can use the factors in "the Provisions on Regulating Trademark Registration Applications" and some general judgment rules.Then,this article puts forward reasonable suggestions on the problems of proof,the protection of the obligee’s trust interests and the imperfect supporting regulations.In addition,from the perspective of the trademark applicant,this article analyzes the proof of the possibility and actual use of the trademark,proof of the possibility of use includes an affidavit and prior preparation and planning,the actual use must be true in order to prove the intention to use,finally it analyz(?)s the two types of applicants’change of subjective intention.