Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 5

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
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Chapter 9: Suggestive construction on China’s use requirements for exercise of rights on registered trademarks – based on the corresponding legislations of the EU and its main Member States

Selected Papers of The Jurist (法学家), Volume 5

Wang Fang

Abstract

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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