Research On The Prior Use Right Of Trademark System

With China’s economic development,trademark has been used in all kinds of goods and services widely,and consumers and producers realize the importance of trademark in practice.Now the trademark right is more and more important as a part of intellectual property rights.With China’s new “trademark law” promulgated and implemented,the legal protection of trademark rights has been improved.The third paragraph of the fifty-ninth article in the new “trademark law” sets out the prior use of the trademark system directly,what is a bright spot in the law.It is the first time that the right is established in the trademark law,but the relevant interpretation and application need to be further clarified,because it can improve the efficiency of judicial practice,balance the interests and ensure the justice.This paper is divided into four parts on the priority right of trademark system.Firstly,it analyses the concept of the prior use right of trademark,the nature and legitimacy,then we can know what is the prior use right of trademark;secondly,it analyses the applicable conditions of the prior use right of trademark;thirdly,it analyses the restrictive conditions of the prior use right of trademark and “original rage”,and the meaning of “additional proper identification” and also discusses the problems on “transfer and geographical range”;finally,it proposes some suggestion.It suggests that we should clarify the relationship between the third paragraph of the fifty-ninth article and the other articles of law and make clear the meaning of “use”and “ non registered trademark” and “certain influence”,and we also should definite the subjective state of the people who used the trademark advanced and limited conditions,then we should use the “Anti Unfair Competition Law” to make up it.In general,this paper will research on the prior use right of trademark system and propose some suggestion based on the third paragraph of the fifty-ninth article.Then it will improve the law systems of China,and protect the interests of the previous people who use the trademark and balance the interests of all parties.