On The Clash Of Interests And Coordination Between Trademark Applicant And The Later User

On our first application for trademark the law of trademark always follow the principle that the "first come first served". But trademarks and trademark applications registered dual attributes, This prompted that legislation needs to focus on the interest "non-law may not refuse" of the applicant’s trademark protection, and also considers the theory that "labor creates the value of property", so that they can increase the protection of the interests in the use of the trademark. Of course, the so-called "trademark in the use of man" is the good-will people in the use of a trademark. When people Trademarks appear after use, if the Court does not attach importance to the protection of their interests, but only absolute protection prior property rights, namely the interests of trademark applicants. This will cause after-use the trademark in person suffer normal commercial investment strategy in the future,that after even has affected the normal business investment strategy. Moreover,this phenomenon is contrary to the normal laws of justice values and market economy. However, if blindly protect the interests of the trademark in use, even ignoring the interests of the applicant, at this time not only will shake the trademark registration system in China, but also damages the trust of those who protect the interests of trademark applications, for the rule of law in our country Legal process is really negative. In view of this,China should not be taken by any party interest expense of absolute legislative model. At the insistence of the principle of balance of interests, scholars consider the factors to solve the problem,such as public interest, preemption, accretion and so on. In addition,China should always insist on "first principles" as a precondition, in the case in line with the provisions of the Trademark Law, trademark priority will be attributable to the prior trademark applicant. And on this basis re-define how to protect the interests of the trademark in the post.Therefore, China should establish a trademark applicants and trademark interests in the use of human coordination mechanism, and restrict the scope of "adverse effects" clause of the scope of application to prevent the abuse of discretion of judges. And sound trademark disclosure system, so that we can resolve the conflict of interest problem fundamentally. And learn from the United States the refuse ban system,in order to compensate for the inherent deficiencies of the principle of trademark registration, achieve the justice case of the judicial practice.