On The Formation Of The Protection System Composed Of Prior Rights And Prior Commercial Identifications In The Trademark Law

The protection standards of "prior rights" and "prior unregistered trademarks" are different according to the Trademark Law.However,in judicial practice,there exists the same part in both of the standards,which results in different verdicts when some prior identification is protected.For example,some court held that the prior domain name should be protected as the prior unregistered trademark,while some court held that it should be protected as the prior right.As a result,different verdicts have been made with nearly the same cases.This article analyses the confliction and puts forward a solution according to the Trademark Law through four chapters.The definition,the scope of protection and the judicial standard of prior rights and prior unregistered trademarks are discussed respectively in Chapter One and Chapter Two,which helps to figure out the reason why they are protected in the Trademark Law and the conflict points from the perspective of legal theory and legal practice.A theoretical foundation of the whole protection system is made in Chapter Three through a detailed comparison of protection standards and the relationship between prior rights and prior unregistered trademarks.Chapter Four puts forwards a new protection system based on the analyses of the reason and the method.Finally,an example is made by the prior domain name to clarify the application of the new protection system mode.