Abstract:
Trademark use constitutes the essence of the very purpose of a trademark. Yet, the persistent malaise of non-use following registration has long plagued China’s trademark landscape. To reinforce the obligation of use, a system is introduced in Article 61 of the
Bill to Revise the Trademark Law of the People’s Republic of China. As per the system, trademark owners are required to declare their use of registered marks. However, the current requirement of this provision remains rudimentary. It lacks consideration for the registrant’s intent to use, fails to facilitate the use of defensive trademarks under special circumstances, and imposes an arguably unreasonable penalty mechanism. In principle, such a system is rational, as it clarifies the duties of right holders and the oversight powers of authorities. Therefore, we propose refining th system through three key amendments. It is therefore advisable to explicitly codify the trademark owner’s obligation of genuine use in the general provisions of
Trademark Law of the People’s Republic of China. In designing specific rules, non-use of defensive trademarks should be recognized as a legitimate exception to this obligation. Furthermore, a penalty mechanism must be established for trademark owners who submit false declarations of use. These steps will optimize the system of trademark use and foster a more robust and trustworthy trademark market environment.