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In-depth understanding of "trademark use" in the withdrawal of three systems

The Trademark Law stipulates that if a registered trademark is not used for three consecutive years, any unit or individual may apply to the Trademark Office to cancel the registered trademark. This provision is often called "three withdrawals." The purpose of the "withdrawal of three" regulations is to protect the maximum use of trademarks, reflect the value of the trademark, and avoid speculation on trademarks.

The key to understanding the trademark withdrawal system is to understand the "use" of trademarks in the trademark law. The "use" of a trademark is the use that enables the identification function of the trademark. It should be a reflection of the circulation of goods and services in the market and should be used legally. In practical applications, whether it falls within the scope of trademark use depends on the circumstances and needs to be analyzed in detail.

my country's Trademark Law stipulates that if there are legitimate reasons, the "withdrawal of three" applications can be blocked. Generally considered valid reasons include force majeure, government policy restrictions, bankruptcy and liquidation, etc. Many authoritative legal institutions now believe that the defensive registration situation of non-profit entities similar to well-known universities for public welfare purposes should also be included in the scope of legitimate reasons to prevent the "withdrawal of three". For example, some public welfare units or organizations have registered relevant logos as trademarks on all product categories in order to prevent unscrupulous companies from rushing to register their names and causing negative social impacts. For example, if a prestigious school registers its name in all categories, it is a preventive registration. The main purpose is not to use it for its own actual use, but to maintain fair market competition order and public interests.

There are also some companies that design and use two-dimensional trademarks in three dimensions. If the trademark is identical with the registered trademark and will not cause confusion among consumers, then the appropriate change of the trademark can also be regarded as It is a fair use of the trademark, but if the change of the trademark is too strong enough to confuse consumers' perception, it can no longer be regarded as the use of the same trademark.

Therefore, the concept of "use" of a trademark should first be based on use in the commercial field. This use of a trademark refers to the existence of real transaction activities for such goods in a commercial environment, but in actual application it also The specific situation should be analyzed in detail, such as whether there are public interests in the use of the trademark, or the application of appropriate changes, etc. should be taken into consideration.