On Prior Use Right Of Unregistered Trademarks That Have Certain Influence

The priority of trademark right is to point to before the date of filing an application for registration of the trademark of others, the unregistered trademark users who have already use and continue to use the identical or similar registered trademarks in goods or services with goodwill shall have the right to continue to use the trademark on the original goods or services. The priority of trademark right which bases on good faith and must be subject to continuous use has the feature of defense. This paper focuses on studying unregistered trademarks which have a certain influence in the market. Due to Our country executes a single trademark registration principle, unregistered trademark users only have the rights to use the trademark, but can not acquire exclusive right to use the trademark, it is for this reason there are a lot of unregistered trademarks widely exist in the market. With the constantly expanding of the trademark’s function in modern society. trademarks not only have recognition, but also play an important role in security and supervision. Due to certain consumers trust some reputable trademarks, it is imperative to protect that trademarks. The provision of2013’s "Trademark Law" allows unregistered trademarks having a certain influence to be continually used within the original range, but there is a limit to this protection, when there is violation of the unregistered trademarks, the user can’t get compensation. According to the current law, the author thinks that there should be a definition of a certain influence, including the using area, the relevant consumers, the reputation of the trademark, etc. In the long run, China should allow a well-known trademark to obtain the exclusive right to the use.