To Discuss The Prior Use Defense System For The Trademarks Of Our Country

the third revision of the trademark law In 2013 confirms the prior use defense system for the trademarks of our country.Before that,disputes between them have occurred since the use of unregistered trademarks and registered trademarks have long co-existed.Whether it is in academic or judicial decisions,there is also a lot of controversy about whether to admit and protect trademarks.The establishment of the right of prior use of trademarks unify the legal basis of academic and judicial decisions.But,the prior use defense for the trademarks belongs to the right of defense rather than the right of formation.It has a certain passivity power.At the same time,in order to balance the system of trademark registration,the prior use defense system for the trademarks of our country added certain conditions of use and restricted conditions.It is these conditions that caused controversy.Such as the online time node of the prior use defense for the trademarks,have some impact on the degree of concrete,qualified the prior use of unregistered trademarks must be used within the scope of " original " the scope of the standard and so on.The initiation and resolution of the above problems will promote the theoretical research of China's trademark law,and will also affect the legislative process of the revision of the trademark law in China.