Legal Protection Of Unregistered Trademarks Of Research Prior To Use

In our country, about the prior use of the unregistered trademark provisions, mainly scattered in the "trademark law" and the "Anti-Unfair Competition Law", although China under the trademark registration regimes, but in the face of reality of the existence of a large number of unregistered trademark," trademark law "did not complete exclusion of prior use unregistered trademark. However, this protection is limited and low level, in the formal law,"trademark law" only to unregistered trademarks of well-known trademark and has certain influence to the trademark demonstrates a clear protective attitude, and has carried on the related provisions, such protection does not extend to include common unregistered trademark. Low levels of conservation is reflected in the use of the unregistered trademark protection provisions of, and no substantive provisions on the protection of the prior use unregistered trademarks, no provisions of the scope of protection related, not related specific operations and the remedy. In addition, up to now it still not clear in the law prior use unregistered trademarks legal status of independent. In short, because of prior use unregistered trademarks legal protection mechanism is not perfect, resulting in the existing legal framework, the prior use unregistered trademarks are faced with the dilemma of judicial protection, it is difficult to obtain practical and effective legal protection. So the prior use unregistered trademarks to be protected, become the "trademark law" urgent problems. However, this protection is not to break or whether the existing trademark registration institution, but should also be based on the existing is to avoid shake the trademark registration "system, in which no further conflict of rights, under the premise of not shock or" desalination "registered trade mark, to build on prior use unregistered legal protection mechanism of trademark. Should be in the "trademark law" clearly prior use unregistered trademarks legal status, and the recognition of prior use unregistered trademarks standard concrete, will be the first to use human rights to exercise specific, perfecting the "use of the unregistered trademark protection function of anti-unfair competition law". At the same time, from the angle of a complete system, optimize the judicial cognizance of the safeguard system, constructing a nationwide unregistered trademark filing system.The paper is divided into introduction, body and conclusion of three parts.The introduction part mainly through two typical cases as a primer, elicit prior use unregistered trademarks protection problems, and based on this to do further analysis and reflection. Then it introduces the research background, research ideas and research methods.The text is divided into three chapters. The first chapter of prior use of trademark issues related to knowledge, introduces the registered trademarks and unregistered trademarks of the relation and the difference, concept, and the nature of the constitutive requirements prior to use, the use of the unregistered trademark protection necessity etc.The second chapter elaborated our country prior use unregistered trademarks legal protection mechanism of current situation and existing problems, trying to sort out our current based on the existing provisions of the reasonable analysis and an antidote against the disease, the following suggestions to lay a solid foundation.The third chapter mainly discusses about the perfect use of unregistered trademark protection mechanisms suggest our country first. Firstly, prior use of foreign law the protection of unregistered trademarks were investigated, and by drawing lessons from the reasonable provisions of which representative countries, together with the preamble to the our country prior use unregistered trademark protection analysis, proposed the use of unregistered trademarks legal protection mechanism of our prior recommendations.