The Meaning Of "Original Scope Of Use" In Art.59,Par.3 Of Chinese Trademark Law In Internet Environment

Art.59,par.3 of the Trademark Law,which was promulgated in 2013,affirms the independent value of the use of trademarks in the obtaining trademark rights.It not only avoids the unre asonable judgment caused by the lack of legal provisions for the protection of unregistered trademarks,but also reflects the intention of the amended law to eliminate the unavoidable drawbacks of the registration acquisition system,highlights the maintenance of market competition order.It's worth noting that Article 59,paragraph 3,of the Trademark Law limits the scope of its continued use to the original scope of use while granting the preemptive owner the right to continue to use the relevant trademark.The limitation avoids the serious impact of the system of the preemptive right on the existing trademark registration and acquisition system.However,the specific meaning of "original scope of use" is not interpretation in detail,causing the troubles in legal application.In the age of Internet,more and more market players participate in the Internet market to seek the survival and development of their own brands.However,it is more difficult to clarify the "original scope of use"because of the characteristics of the Internet trademark usage,such as the diversity of usage,the complexity of the users and the ambiguity of the target area.While at the same time,it is particularly important to clarify the issue.Otherwise,it will lead to the ambiguity of the rights and lead to the weakening of the indicative function of the legislation.For the above reasons,this paper aims to explain the specific mea ning of"original scope of use" through subjective interpretation,system interpretation and other methods,and make some contributions to the application of Article 59,paragraph 3,of the Trademark Law.This paper consists of four parts.Firstly,the author studies the basic theory of the Right of Prior Use of Trademark and its current situation of foreign legislation.Secondly,the author points out that the theoretical essence of determining the scope of original use is to determine the protection intensity of Right of Prior Use in our country and adopts system interpretation as the study method.Thirdly,the author analyzes the characteristics and difficulties when we determine the using scope of trademark in Internet environment.At the end of the article,following the existing research methods in the academic circles on this issue,the author uses the way of classified discussion.The concept of "scopet" is further divided into geographical scope.scope of scale,scope of subject,scope of trademark identification,and scope of using age for discussion to clarify what scope the concept of "original scope of use" should include,and how to determine the corresponding scope in the age of Internet environment.