Research On Regulation Of Trademark Con-current Use

Trademark Con-current Use in this article especially refers to the co-existence ofregistered trademark and unregistered trademark due to the prior use of unregisteredtrademark, which is a kind of trademark co-existence. The trademark con-current useis based on the prior trademark right. The prior trademark right is regulated by therevised trademark law of China, which aims to balance the right between trademarkregister and trademark prior user. The prior trademark right fills the leap hole of lackof protection for the prior used under the registration-based system. At the same time,the revised trademark law also revise the definition of trademark infringement, whichstrengthens the protection of unregistered trademark. This article aims to analyzethe trademark con-current use system under the revised trademark law. In this article,the author will also find out the problems in this new system and try to solve themwith positive suggestions.Part I provides an overview on trademark con-current use. Subsection I givessome definition on trademark con-current use. Subsection II aims to figure out thecharacters and legal background of trademark con-current use. Subsection III presentsthe current situation and controversies over the trademark con-current use.Part II analyzes the current situation of trademark con-current use by thelegislation and jurisdiction regulation. Subsection I introduces the regulation oftrademark con-current use in the countries of common law system and civil law system. The author makes comparison between the regulation in civil law countriesand common law countries, aiming to set an example for the trademark con-currentuse legislation of our country. Subsection II analyzes the prior trademark right.Subsection III provides some legal cases in the aspect of trademark con-current use.Part III proposes the rule for trademark con-current use. In this part, the authorwill give some suggestions for implementing the trademark con-current use byanalyzing the revised trademark law.