Study on the Regulatory Management System for Idle Registered Trademarks

Abstract

There are a large number of unused trademarks in the huge volume of registered trademarks in China, which wastes trademark resources, administrative trademark examination resources and judicial resources, disturbs the normal trademark order and market order. At present, China's law on the disposal of unused registered trademarks can only be based on the "If the trademark owner does not use the registered trademark for three years, the third party has the right to apply for its cancellation" system to make the unused trademark rights to the elimination of the new round of reform of the trademark law, although the new provisions to explain the use of trademarks, but a single provision cannot give full play to the effect of the supervision of unused registered trademarks. The regulation and supervision of unused trademarks should be based on the establishment of a standardized management system for unused trademarks at the macro level, which includes prevention, identification and relief, and at the micro level, unused trademarks with different causes should be classified into different categories and phases to be discussed and dealt with.