| Since 2014,the official start of the implementation of the trademark system unavailability,first in the judicial practice of court trial rarely quoted the system to that of unregistered prior to use the trademark,the reason is that as a new system in our country,there are many ambiguities in standards,and countries and formulate relevant judicial explanation,so the court decided that the degree of prior use of trademark is extremely low.Trademark unavailability system first in order to solve the conflict between unregistered trademarks and registered trademarks in China,its importance is self-evident naturally,so in theory and practice to perfect the system is an important issue in our country legal science.In view of the above background,the author based on trademark to attain the goal of system unavailability,first to sort of possible problems,combined with academic scholars and extraterritorial legislation to improve the system of trademark unavailability first give some advice,try to put forward a clear standards.Ideas of this article mainly from the trademark on the overview of unavailability,first talks about the concept,nature,causes and value,analyzing the trademark unavailability of the first purpose is to protect the unregistered trademarks prior to use existing rights and interests;Secondly through outside the law and our trademark unavailability first legislation present situation put forward the possible problems in the judicial practice,mainly including imperfect legislation content and the implementation of the judicial cognizance standard is not clear;According to the decision analysis of the specific case of the above problems puts forward some perfecting Suggestions,including increasing the using of the unregistered trademark in subjective cognizance,clear label prior to use of standard,has certain influence on trademark recognition scheme and limit the scope of prior use trademarks to continue using. |
