Research On The Prior Use Right Of Trademark System In China

Based on the trademark registration principle,China's Trademark Law has some deficiencies in the protection of unregistered trademarks for prior use.Until the new Trademark Law implemented in 2014,the system of trademark prior use right was established.The third paragraph of Article 59 is the most main embodiment,which refers to the owner who has used the trademark before another person applies for registration,and has the right to continue to use the trademark within the original range of goods or services.However,this provision is relatively abstract,there are still many disputes in the theoretical circle on how to understand and apply it,and there are great divergences in the trial results of disputes over the prior use right of trademark in judicial trial practice.Therefore,this paper has theoretical value and realistic significance to research on the prior use right of trademark.The prior use right of trademark is premised on the allocation of resources in the market.It needs to fully recognize the various benefits brought by the partial alienation of trademark rights.It needs the common sharing of market resources by the prior users of trademark and the registered rights holders.This complex and diversified sharing mode of rights and interests can only be regulated by law so as to make its distribution legitimate and reasonable.This paper first analyzes the content and value of the prior use right of trademark in China,then explores the constitutive requirements and applicable restrictions of the prior use right of trademark.The different opinions mainly focus on the different understanding of "prior use","certain influence",subjective conditions and " original scope",which is also the key research part of this paper,finally makes a detailed comparative analysis in combination with the provisions of relevant extraterritorial systems,and puts forward some suggestions for the application status of China's prior use right of trademark system,clarifying the applicable principle of prior use right of trademark system,improving the identification of specific conditions,and clarifying the state of subjective goodwill to play the complementary role of other relevant provisions and the Anti-Unfair Competition Law,in order to improve China's prior use right of trademark system,so as to better balance the interests of unregistered trademarks prior users and registered trademark owners,and realize socialism fairness and justice.