Research On The Legal System Of Trademark Prior Use Right

The new trademark law establishes the trademark right system, the main purpose is to compensate for the deficiency of the trademark registration principle, mainly including two aspects: first, safeguarding the fairness of the competition between the trademark rights, so that the trademark registrant and the first trademark use of the interests of the person to achieve a balance of the state, avoiding damage to the rights of the first trademark users. Second, the first use of the rights of trademarks to the prior users in the original use of the scope of the right to continue to use trademarks.However, the legal system for the first use of trademarks in China is still imperfect,and the trademark legislation does not directly stipulate the criterion for the coexistence of trademarks, at the same time, the relationship between the use of trademarks and trademark confusion, trademark infringement, the coexistence agreement is unclear, in the trademark authorization and the right stage,the judicial practice in the face of various types of trademark cases, cannot be judged and analyzed according to the Uniform Rules of judgment. In the market competition, the fact and demand for the first use of trademarks gradually increase, the legislation of the right to use trademark is unfavorable to the effective development of the market.This paper systematically proves the legal system of trademark first use right, the criterion of confusing possibility, and the suggestion of the legal system of trademark coexistence, and through the discussion of these aspects, the necessity of the trademark coexistence agreement is analyzed in conjunction with judicial practice in other countries. Through the analysis of the criterion of confusion probability judgment, it is too one-sided and absolute to consider the trademark infringement of our country is to attach identical or approximate trademark to the same or similar merchandise. In view of the legal provisions and classical cases of the relevant countries in the United States and Japan, it is instructive to refine the standard of confusion probability in China's trademark law. In this paper, the same or approximate trademarks have gained stable commercial credibility and relatively independent consumer groups through long-term use, thus producing a legal basis for the simultaneous use of trademarks, and consumers will not confuse the source of commodities and product features that are represented by these two trademarks. The main function of the trademark first-use right system is to restrict the exclusive rights of trademarks to exercise under certain conditions, protect the legitimate rights and interests of the first users, and safeguard the legitimate interests of the registered trademark rights. China's current trademark law on trademark infringement of the identification of the same or similar products used in the same or approximate trademark infringement standards, the disadvantage of this standard is to ignore the trademark same or approximate and the difference between the possibility of confusion. The trademark right is not as the tangible property has the absolute monopoly and exclusive, in the process of identifying trademark infringement,through the analysis of the constituent elements of trademark infringement, the distinction between the same or approximate trademark infringement and trademarks of the existence of a certain space, that is, the use of trademark space.Trademark Right has the characteristics of private property. This means that the trademark person may be based on the "autonomy of the meaning" principle of private law, without violating the mandatory stipulation of law, the legislation should recognize the legality of coexistence agreement, and authorize the parties to make agreement on the same or similar trademark.