The Protection Of Prior Use Unregistered Trademark

Trademark registration system is in the service of the objective demand of the commodity production operators, sellers and consumers. It might split interests to maintain justice,meanwhile it can also cause injustice.The important aspect of the injustice embodied that the unregistered trademark cannot obtain complete protection. Even the new trademark law is for prior use unregistered trademarks legal protection, but it is more passive not comprehensive. Legislation should give the prior use unregistered trademark initiative right and protect the legitimate rights and interests of the prior user. We should deal with trademark preemption and similar trademark infringement. the relationship between prior use unregistered trademark recognition and the subjective malice of the cybersquatters, affected the degree about the prior use unregistered trademark protection.In the existing framework of trademark registration, if we allow the prior use trademark and registrated trademark exsiting in the system, it will greatly protect the rights and interests of the prior user.This will ease the realationship between prior use and unregistrated trademark registration in different trademark system.It open an official path for the prior use unregistrated trademark.