Research On The Right Of Prior Use Of Trademark

Registered principles and the principles of trademark rights acquired two theoreticalsystem. Single registration system of operators to apply for trademark registration is anecessary procedure and the only way to obtain trademark rights, due to the strictimplementation of this program, plus the Trademark Law of China does not give a clear legalprotection prior use of unregistered trademarks so that the earlier failed to safeguard theinterests of the owners of unregistered trademarks. In judicial practice, the trademark andtrademark first legal conflict between the employer frequent serious imbalance in the interestsof the balance between the two. Faced with this absence of legislation, it is necessary to buildtrademarks using the right system to prevent the occurrence of trademark infringementdisputes.Prior use of the trademark is not registered with the basic functions of a trade mark, thecombination of first employing the fruits of labor of intangible assets, and is the firstcrystallization of human wisdom, no doubt should be protected by law. Use doctrine is anecessary complement to the principle of registration. In this paper, China’s judicial case leadstrademarks build trademark use rights theory, the need to use the right system, and foreignlegislation and useful references in this system, and then combined with China’s nationalconditions put forward legislative proposals improve trademark first with the right system.The paper is divided into three parts of the introduction, body and conclusion. The bodyis divided into four parts:The first part is the trademark of the overview, first with the right concept of trademarkuse rights, the nature of the constituent elements, with the distinction of trademark rights andintended focus of analysis. For a system of the theory is the first step of the study, the part ofthe focus of the article, which laid the foundation for the following part of the study.The second part is to build a trademark necessity of using the right system, the part fromthe need to compensate for registered principle defect "trademark nature of requirements" theneeds of the development of market economy "international trademark protectionrequirements" trend "principle of good faith The principle of fairness requires five aspects ofthe necessity of the presence of this system, a detailed argument This section is the focus ofthe article, and difficulty. The third part is the trademark right first and foreign legislation introduced theInternational Covenant on common law and civil law trade mark, first with the provisions ofthe rights by a summary and comparison of its legislation, draw a useful reference for China’slegislative.The fourth part of the status quo as well as suggestions for improvement, China’s currenttrademark law exists absence of legislation, the part in the above research on the basis of acomplete set of proposals put forward first with the right system to protect the first employerinterests should be clearly specified.