Value Orientation and Legislative Choice of Introducing"Trademark Description of Use Rule"in China
In order to strengthen the obligation of trademark registrants to use their trademarks,and to guide trademark registra-tion back to the origin of the system,the fifth draft revision of China's Trademark Law has added the provision of"rules on the description of the use of trademarks"to the draft for comments.This provision aims to change the value orientation of China's trademark legal system from the one-way registration system to the"balance between registration and use",and from the trade-mark management-oriented to the"trademark right-oriented"value choice,so as to improve China's trademark registration sys-tem.However,the"trademark use description rule"contradicts the established rules,once put into practice,may increase the corresponding cost,and may even make the rule the risk of virtualization.In this regard,the value choice of"taking both regis-tration and use into account"and"trademark right-oriented"should be taken as the guidance to promote the harmonization of"rules on the description of the use of trademarks"with the system of obtaining trademark registration and the matching of the rules on the revocation of trademarks.The rules should be oriented towards the value choice of"reconciling registration and use"and"trademark right-based",and should promote the harmonization of"trademark use statement rules"with the system of obtaining trademark registration,and the coordination with the rules of trademark revocation;clarify the standard of trademark use in compliance with the requirements of trademark use statement and the reasonable reasons for non-use;and add disciplinary consequences for the false fulfillment of the behavior of use statement.
China's Trademark Lawuse description of trademarkacquisition of trademark registrationbalance between regis-tration and usetrademark right-based
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