Research On Defining The Original Use Scope In Prior Use Right Of Trademark

Our "Trademark Law" stipulate the system of prior use right in article 59 paragraph 3,the trademarks qualified under this system could continue to use in the original use scope and the act is not constituted the infringement to the registered trademarks, this rule protect the existing state of interests acquired by prior use before others apply for trademark registration to some extent, so as to balance the interests between the prior use unregistered trademark and the after registration trademark with the right of exclusive use.However, the newly revised trademark law has not made clear to the "original use scope " of the prior use unregistered trademark, which caused some difficulties to the practical application in judicial practice.This paper adopts the legal-hermeneutic method, comparative research method and empirical analysis method, and make a conclusion about the specific factors of defining the original use scope which shall be take into consideration trough five parts, and analyze the problems of current cases, in order to provide the reference when the judicial interpretation definite the original use scope, so that the prior use right of trademark system could be better play the role of the balance of interests.