Unregistered Trademarks First Use Of Pleasure Study

The value of the trademark is not derived from the principle of trademark registration, but from the use of trademark. Through the investment of capital and labor, trademark users accumulate goodwill to the guarantee the quality of product and stimulate consumption. Prior users get the private property from use, The protection of it reflect the function of Trademark Law, also reflected the requirements of honesty and credit in business activities. In China, we take the system of voluntary registration of trademarks.Due to continuously strong registration status, prior use didn’t get the attention they deserve. In the practice, The phenomenon of malicious registration is outstanding, the conflict between prior users with the trademark registrant is frequent. In order to solve these problems, the Trademark Law made a breakthrough in the aspect of protecting the rights of the first users, emphasized the honesty of registration, reduced the use of barriers to entry, given the prior user right of defense, and so on.The first part of this paper explains the concept of prior to use, from several aspects to explains the legitimacy and necessity of the protection. The second part lists two specific case. The third part explains the components of the right of defense in the trademark infringement lawsuit. The fourth part discuss the restrictions of the subsequent use. The fifth part, discuss two questions from the perspective of law cohesion. The six part come to the conclusion. Based on the existing research, this paper tries to discuss the defense of prior use. And combined with cases and regulations, under the role of the Trademark Law and the basic principles of honesty and credit, to analysis the specific use of it.