Analysis On The Conflict Between The Trademark Right And The Prior Right

In recent years, with the development of market economy, the conflict between the trademark right and the prior right become more and more intense. Typical cases concerning the trademark right and the prior right are new issues arising under the new era. For example, "Yljianlian" case, "Zhangxueyou" case, "Jordan" case and so on. Due to the lack of existing laws and loopholes in addressing this issue, so this issue has become intellectual property cases pending difficulties. I believe that the root causes of the conflict of intellectual property rights is incompatible with the interests and rights of due purpose of all trading activity that is more full and effective use of resources, increase social benefits. Then draw on paper from outside the relevant laws, combining our trademark and prior rights in resolving conflict defect test put forward a sound way of solving the relevant trademark conflict with prior rights.