The Balance Oflnterests Between The Prior Applicant And The Prior User Of Trademark

The principle of prior application and prior use are two ways to obtain trademark right,scholars have continued to explore how to balance the relationship between them. The Trademark Law of China pursues the principle of prior application while retaining the exceptional cases of prior use of trademark, in the practice the situation of the delay information through the trademark application procedures often leads to the latter user in good faith. According to the traditional rules, the latter user in good faith can hardly obtain relief. In judicial practice, due to the character of the specific case, not to protect the interests of the users in good faith may lead to an unjust result, or even leading to serious damage to the interests of consumers, which absolutely doesn't comply with the principle of proportionality and equity. As to the conflict of the interest between these two principles, the judge should fully consider the the pros and cons of both parties.The law does not explicitly measure the practical references of how to balance the interests of both parties, which is the most difficult problem that the juridical practice currently faced with, and urgently to resolve."WeChat" trademark dispute is the typical case of this legal issues. This paper will analyze the legal issues of this dispute, on this basis, with reference to the accretion of property law and the refusing injuncive relief of intellectual property law, providing a valid path to resolve this legal issue, and keep a reasonable balance between the applicant and the prior user with good faith. Under the existing system,authorizing the judges a degree of discretion,and help the judges play a dynamic role in the judicial practice to make a reasonable and appropriate judgment under the specific circumstance. Reaching to avoid extreme unreasonable results and to maintain the intrinsic value of justice of law.