The“Use”Requirement in Trade Mark Law:Read It or Risk a Punishment

The recent two decades have seen a great increase of Original Equipment Manufacturing ("OEM") business in China. OEM products are used exclusively for export purpose and retailed in foreign markets labelled as the purchasing company’s brand. However, whether the use of a trade mark in this circumstance constitutes the "use" in Trade Mark Law and what evidence is needed to justify the "use" in any continuous three-year period have been the focal points of debate regarding the appropriate compass of Trade Mark Law. Looming behind the uncertainty of the legal term -"use" and inconsistent standards adopted by administrative authorities and courts are unidentified risks to be taken by OEM operators.

The"Use"Requirement in Trade Mark Law:Read It or Risk a Punishment