Research On The Affirmation Of Priority Right On Unregistered Trademark

The market economy in China starts relatively late,so does the trademark registration system,besides,the experience in trademark management is insufficient and there exists large number of unregistered trademarks in China before the implementation of trademark registration system.After the implementation of trademark registration system,owing to the trade usage,various operation purposes or economic factors,large number of unregistered trademarks exist in the business practices for long time.While it is easier to see that the unregistered trademarks and registered trademarks are used as trademark in the business practices,the mixing problem of trademarks is common.Though the priority right on unregistered trademarks in China has been confirmed in current trademark law,the affirmation standards are not detailed,which makes the phenomena of same cases with different judgments frequently appear in the juridical practices,therefore,standardizing the priority right on unregistered trademark needs to be solved urgently in legislation and judicature.This paper is divided into five parts except preface and conclusion:Part ? introduces the basic concept of the priority right on unregistered trademark,nature and necessity of protection;Part ? introduces the affirmation basis for the priority right on unregistered trademark,which is composed of two types including trademark law and its enforcement regulations as well as other related laws and regulations,mainly taking Trademark Law,Enforcement Regulations of Trademark Law and Anti-unfair Competition Law as its affirmation basis,though other laws and regulations such as General Rule of Civil Law,Copyright Law and Patent Law play a assisted role in its affirmation,they mainly give support from the perspective of trademark and make no regulations on the mixing situation;Part ? puts forward the determination subject of the priority' right on unregistered trademark,mainly analyzes and compare from two aspects such as administrative organizations and judiciary authorities,wherein,the administrative subject is mainly the Trademark Review and Adjudication Board and the judicial subject mainly refers to the court;Part ? introduces the affirmation standards for the priority right on unregistered trademark,mainly discusses the situation of actual use,situation of priority right and popularity or rationality of influence;Part ? introduces the suggestions on affirmation of the priority right on unregistered trademark.Focus on the trademark law from the perspective of affirmation basis,give suggestions from two aspects such as systematism perfectness and connection degree of affirmation basis,and then analyze the applicability of affirmation subject,suggest to make the judicial affirmation subject as the main affirmation subject while make the administrative subject as assistance,attempt to use the determination system of Industry association,as well as give suggestions on the affirmation standards including actual use of standards,influence and continuous use of original range of application.