Abstract:

Use is of great importance to trademark as a nondistinctive trademark would become distinctive and registrable through use; a registered trademark plays a role to indicate sources of goods or service only through the use thereof, with its reputation enhanced or itself established as a well-known mark; a registered trademark the use of which has ceased for three consecutive years would be cancelled. It is thus shown that the use of a trademark is the most important way to create, maintain or increase the value of a mark. However, in the current Chinese Trademark Law, there has not been set forth any provision on what the use of a mark is all about. In Article 3 of the Trademark Law as of 2002 are only numerated the ways a mark is used.[第一段]