2012 Xing Shang Su Zi No. 34
|Decision No.||2012 Xing Shang Su Zi No. 34|
|Date||October 11, 2012|
The Intellectual Property Office shall, ex officio or upon an application, revoke the registration of a trademark if the trademark has not yet been put to use or such use has been suspended for a continuous period of more than three years without proper reasons for non-use. The term, trademark use, connotes the utilization for marketing purpose of a trademark on goods, services or relevant articles thereof, or the utilization through the means of two-dimensional graphic, audio and visual digitization, electronic media, or other media sufficient to make relevant consumers recognize it as a trademark. The fact proving the use of a trademark presented by the trademark right holder shall comply with the general practice of trade. These are expressly provided in Article 57 Paragraph 1 Subparagraph 2, Article 6 and Article 59 Paragraph 3 of the Trademark Act as amended and promulgated on May 28, 2003.
Therefore, determining whether a trademark use exists, several factors should be considered as a whole:
(1) The user must have the subjective intention of promoting the goods or services of using the trademark in the course of trade.
(2) Active behavior of displaying the trademark.
(3) Such use is capable of being recognized by relevant consumers as a trademark.
(4) When used on two-dimensional graphic, audio and visual digitization, electronic media, whether the layout of the format in digital, audiovisual materials or electronic media, typefaces, font sizes, etc. exhibit distinctiveness, and whether the mark is distinctive enough to make relevant consumers associate it with the designated product or service.
Trademark Use、Trademark Revocation、Trademark Registration、Displaying the Trademark、Distinctiveness
|Relevant statutes||Article 57 Paragraph 1 Subparagraph 2, Article 6, Article 59 Paragraph 3 of the Trademark Act (amended and promulgated on May 28, 2003 )|
- Release Date:2020-11-16