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Analysis on Trademark 3-Year Non-use Revocation System

Author: LiuYang
Tutor: ChenJianMin
School: Tsinghua University
Course: Legal
Keywords: Revocation System Value Analysis Genuine Use Likelihood of Association
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 170
Quote: 1
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Abstract

Trademark Non-use Revocation System, with the function of clearing up registered trademarks that fail to be put to use in a long term, releasing the monopolistic and scarce resources, and reducing the amount of disputes and conflicts arising from trademarks, plays an important role in the trademark system. Along with the promotion of Intellectual Property Strategy, the value of trademark is increasing in the business operation, therewith the growth of trademark disputes, thus Trademark Non-use Revocation System has begun to be widely applied. But the provisions of the Chinese Trademark Law on this issue are too general, which has caused many discrepancies and debates in practice.For the further improvement and perfection of this system, this study, based on the systematical analysis of foreign legislations and relevant typical judicial judgments, in combination of the purpose of the system and relevant domestic judgments, by using methods of typical case analysis, normative analysis combined with empirical analysis, etc., from the perspective of key issues in design of the system and value analysis thereof, the criterion of determining acts of use, the criterion of the response, and the special protection of the well-known trademark, comprehensively analyzed the Trademark Non-use Revocation System, in order to make up the deficiency of systematical research on this issue.Currently, there are a series of problems and deficiencies in China’s Trademark Non-use Revocation System, and we may take the theories and experiences from other countries for reference, in combination of China’s own practices, to promote its improvement and perfection. By comparison of legislations and relevant typical cases, this study systematically made out an outline of the whole and partial procedure of this system. This study shows that the provisions on this issue are too general, and further detailed provisions are called for on key issues in design of this system. Research on the criterion of determining acts of use shows that the criteria for‘use’is of too wide range in China, which does not comply with the requirement of the economic development, and lacks guiding effectiveness in practice. This study suggests, from the aspects of the authorized party to use the trademark, goods or services where the trademark is attached, advertising, packaging and commercial circulation, etc., making clear definition of‘use’and determining which act of use has the effect of maintaining trademark registration.Also, the systematic analysis on the response reveals that there are no criteria to evaluate proper reasons for non-use, and the legal deficiency has urged the need for more reasonable rules and standards, and it is suggested that we should review the legality of various reasons by taking the criteria of other countries for reference. Moreover, the research on the well-know trademark reveals that, there is no special protection as to the well-known trademark in China’s Trademark Non-use Revocation System. Through the normative analysis and comparable research, it is suggested that, we adopt‘likelihood of association’as a standard to determine the protection scope of the well-known trademark, in order to actively protect its distinctiveness and goodwill.

Analysis on Trademark 3-Year Non-use Revocation System

Abstract

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