Registered Without the Use of the Legal Protection of Trademarks

Trademark Law of China clearly stipulates that the registration of a trademark toobtain trademark rights in accordance with the law should be given protection. Thismeans that in our country as long as it is the registered trademark, the law gave thesame full and adequate protection, which led to the application for registration oftrademarks accumulation. Many registered trademarks, and not the actual use ofgoods or services, but is used to high prices for sale or trademark infringementlitigation against each other, to obtain compensation for infringement. Registeredwithout the use of a trademark in the end should not be protected, how to protect it?This we can not avoid the problem. Some courts that should be registered without theuse of a trademark and other trademarks actual use, like to give strict protection,current trademark law it has no special provisions. However, the Supreme Court in theJinan Red River beverage preparation business and Shandong Taihe CenturyInvestments Ltd. v. bright Co., Ltd., Yunnan Honghe trademark infringement case, thetrial of a new way of thinking. The case first and second instance determine YunnanHonghe Guangming Co., Ltd. to pay10million compensation for retrial when theHigh Court judgment to pay$20,000compensation. The Supreme People’s Courtbelieves that identified the two trademarks are identical or similar trademark actualuse should be used as the key points of consideration, if trademark infringement is noton the goods or services, the actual use, not yet play a recognition role, even if the twotrademarks approximate shape, the judgment will not cause consumer confusion doesnot constitute an approximation.The first part of this article from the "Red River of trademark infringementdispute" to start, leads to the issues to be discussed in the entire article: registeredwithout use of the trademark should not protect the specific impact of the use of thetrademark infringement judgment, without the use of registered trademark how shouldprotect?The second part of the article, first analyze the registration without using the trademark in the Trademark Law of China’s position and the current trademark law toits degree of protection, trademark law on the registration without the use oftrademarks and trademarks used to give the same degree protection, such registrationwithout trademark protection non-discriminatory attitude, a lot of trouble to bring aregistered trademark of the management and the administration of justice; then,without the use of trademarks registered in the system root of the visit, I found thisundesirable phenomenon the root causes and propose improvement measures; thenregistered without the use of a trademark trademark shape but not the essence of thetrademark in the analysis of the process of registration without the use of thefunctional value of the trademark and the trademark essence, it no correspondinggoodwill behind itself but can be used as the value of the trademark, is a scarceresource, register without use of the trademark with the transfer of rights and licenseto use, based on these values and interests, the law should be to protect its.The third part of this article, the author, based on the judgment of the Red Rivertrademark dispute and the third of the Trademark Law amendments issued on theregistered trademark owner to seek compensation should be provided to use theregistered trademark in the previous three years, evidence and other evidence "isgiven specific scope of protection of registered without the use of the trademarkinfringement identified to fully consider the infringing trademark is actual use, simplystop the infringement shall bear civil liability for damages, but compensation forreasonable expenses incurred to stop the infringement administrative responsibility,because the infringer did not get illegal income, and infringement of registeredwithout use of the trademark act does not endanger the social and public interests, sono fine.