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Wang Fang

Under China’s system of right acquisition through trademark registration, rights of all kinds, which are protected by law once registration of the trademark is approved, will be conferred on the proprietor of a trademark. Despite the non-use of the registered trademark in an uninterrupted period of three years, the proprietor of the trademark still has the rights to oppose and declare invalid registration of a trademark which is subsequently applied for. The right to the exclusive use of the earlier trademark will be continually protected under the trademark law as long as the trademark is not cancelled. The idea of absolute protection for a registered trademark alienates the principle of registration and misleads the relevant judicial practices. The European Union and its main Member States establish the use requirements for exercise of rights on registered trademarks. These laws justify trademark protection and promote actual use of trademarks. In the improvement of China’s corresponding system, the use requirement for exercise of the procedural rights on registered trademarks should be added and that for exercise of the substantive rights should be enhanced. Keywords: Registered trademarks; exercise of rights; use requirements

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Du Yang, Cai Fang and Wang Meiyan