Rethinking And Reconstructing The System Of Prior Use Right Of Trademarks

Our country as a trademark registration acquisition system,fully protects the rights of trademark registrants,but there are certain deficiencies in the protection of prior users of some unregistered trademarks.Article 3,paragraph 3 of the Trademark Law of the Third Revision The trademark right-of-use system is a formal regulation of the right-of-use system in China 's “Trademark Law”,which to a certain extent compensates for the loophole of the single registration system,and largely balances the trademark owner and the unregistered prior use The interests between trademark owners,but the specific applicable determination criteria are vague,and the conditions for restricting the prior users after trademark first-use rights are not perfect,resulting in the same requirements in judicial practice and different judges have different judgments.This article is divided into four chapters.The first chapter introduces the trademark pre-use system in general,and analyzes the background,concept and nature of its creation.The second chapter analyzes the requirements for the establishment of trademark prior use rights through empirical analysis methods,analyzes some of the problems in each element,and demonstrates whether it is necessary,mainly including the prerequisites,use requirements,influential requirements,and subjective requirements.Chapter three,after determining that the prior user has the right to use the trademark,discusses again how to limit the subsequent use of the trademark prior to use,mainly including the application of the scope of practice,the addition of appropriate distinguishing signs,and the trademark Can the right of first use be transferred? Chapter IV,on the basis of reflection on the issue of trademark pre-use rights,puts forward some suggestions for restructuring the trademark pre-use rights system,subjectively including the elements of goodwill,clarifying the time node of prior use,perfecting the use behavior,and reasonable interpretation have certain influence on the Identify the standard,clarify the concept of the original scope of use,the specific operation of attaching the appropriate logo,and increase the provisions on the transfer of the right of first use of the trademark.Through the reflection and reconstruction of the trademark pre-use system,it is hoped that the trademark pre-use system can play a better role and balance the interests of the trademark's prior user and trademark registrant.