Research On The Trademark Priority Right Protection System

The protection system of trademark priority right is a protection and affirmation to the labor who spent on the usage of a unregistered trademark before be trademark being registered based on the principle of trademark registration approval of the trademark law according to the Principle of Justice and Fairness. According to the rules of trademark priority right, in the field of trademark law, the principle of trademark registration approval can be broken out appropriately, so that the priority usage of one unregistered trademark can achieve some right similar to the right of trademark. In the current situation of the trademark priority right in our trademark law, it is still in the first stage of starting level. There are some definitions that do not be ruled quite in details in our trademark law. This essay is trying to discuss whether it is necessary to add the "certain influence" as an key component in the system of trademark priority right protection, how to carry out the right that registered trademark owner asking the owner of trademark priority right to add appropriate logo into his trademark to distinguish the two trademarks, and also whether the trademark law should give the owner of trademark priority right the right of invalid the after registering trademark. All the questions are not discussed very particularly in our trademark law. Even this essay is not so mature in the discussion logistic and views, but the writer still hope it can help to complete the situation and the rules of trademark priority right in our current trademark law, so that the protection system of the trademark priority right can really be in to function.