Research On Institution Of Prior Trademark Use

The Trademark Law of the People’s Republic of China(hereinafter referred to as the new Trademark Law) came to effect on May 1, 2014. The New Trademark Law not only takes “confusion possibility” as approximate trademark infringement judgment standard for the first time, but also introduces the concept of the “prior trademark use” institution, which have the outstanding practical significance to the coexistence of the trademarks. With the deepening of economic globalization, our country has made significant progress in the development of market economy. More and more trademark disputes are occurring in China. As the establishment of the prior trademark right system, not only the inherent defect of the trademark registration system has been developed, as well as the protection of unregistered trademark has been built in China.This article altogether is divided into four chapters, in the first chapter mainly introduces the concept of prior trademark use institution. Starting from the definition of prior trademark use, this chapter emphatically analyses the justice of rights in prior trademark use.The second chapter analyses the problems of the institution of prior trademark use which straight to the topic of this article. Here are the questions under article 59 section 3 of the new trademark law:(1) The explain and application of “Prior Use”;(2) The explain and application of “ Certain Effect”;(3) The explain and application of “ The Original Range of Use”;(4) The explain and application of “ Adding Some Mark to Distinguish”.The third chapter is mainly about the foreign institution of prior trademark use, especially the USA and Japan. So we can take example by them.The last chapter comes to the most important conclusion of this article in which discusses the development of our institution of prior trademark use, mainly from the aspects of legislation system design for the prior trademark use in China and judicial aspect that mainly about the trademark judgment standard and the applicable conditions and limitations. In this chapter, combined with the content of the front, through the comparative analysis method, is trying to solve the problems as mentioned above.