Discussing On The Prior Use Right Of Trademark

The trademark is the identification used to indicate the source of goods or services. With the rapid development of economy, the trademark have been increasingly recognized and widely applied to the area of business. Producers and operators try to increase the awareness of the band and publicize the goods and services through the exercise of the trademark. And consumers choose the commodities that they want according to the trademark. Therefore, in order to safeguard the legitimate rights and interests of operators and consumers, and maintain the healthy market economic order, the legal need to vigorously protect the trademark.China’s trademark law puts emphasis on the protection of registered trademarks, however, the corresponding provisions on the protection of unregistered trademarks are not perfect enough. Faced with the extensive existence of unregistered trademarks and cyber squatting acts, the academic and practical departments have started extensive discussions on the unregistered trademarks protection. In order to safeguard the legitimate rights and interests of honest production operators and consumers, and maintain the fair market competition order, the legal profession submit the prior use right to protect the unregistered trademarks that has a certain impactThe article focuses on the prior use right of trademark. In addition to the introduction and conclusion, the body consists of four main parts. The first part is about the eidetic analysis of prior use right, defining the prior use right of trademark through explaining the content and the nature and the composed elements. The second part analyses the legitimacy of the prior use right of trademark through theory and practice research, thus providing theoretical reference and practical support for the prior use right. The third part is about the legal analysis of prior use right, respectively pointing out the shortcoming of some representative legal provisions of foreign countries and the relevant laws of China.The fourth part offers suggestions to construct legal system in three major facts:legislative, executive, and judicial.