The Determination Of The "Certain Influence" Standard In The Terms Of Prior Use Right Of Trademarks

Our country’s current use of registration to obtain a trademark right system has relatively weak protection for unregistered trademarks,especially unregistered ones that have previously been used.This led to frequent trademark squatting and severely impaired fair competition in market economic order.Since the third amendment of the Trademark Law in 2014,the rules on the first-use rights of trademarks have been established by legal provisions.There is a clear provision in the "Trademark Law," and the unauthorized trademark holder has been given legal rights.protection of.However,the specific determination of the “pre-influence” requirement in trademark pre-use rights remains unclear.Article 59,paragraph 3 of the “Trademark Law”adopts a vague expression of “having a certain influence”,plus relevant supporting regulations and regulations.There is a gap in legal interpretation.Therefore,there is a great difference in the understanding of “certain impact” from theoretical research or judicial practice.This article,through the collection and analysis of existing domestic cases,studies the understanding and understanding of the current “having a certain impact” on trademark rights,and thus puts forward their own views.The first part of this paper is to ask questions and describe the existing problems in the determination of "certain impact",specifically whether the "certain impact" elements need to exist and the "fixed influence" specific criteria are unclear.Analyzesthe necessity of the existence of "having certain influence" elements,and whether there are differences in the time nodes,the determination of regional standards,and the negative impact of illegal products.The second part is to identify "some influence" from the time node and continuity.At the point of time,the use of a trademark registration day or a registered trademark use day will have certain shortcomings,and the use of a trademark filing date can better balance the interests between the trademark first-use right holder and the trademark holder.Therefore,the trademark filing date should be used as the starting point of time for the unregistered trademark “a certain influence”;for the continued use of unregistered trademark,this article believes that the use of the trademark should be continuous,if there is an interruption,unless there is reasonable evidence to prove its use.The use of discontinuity is justified and the time for the trademark to be used again by the first-time user should be earlier than the date of registration of the registered trademark.The third part is to demonstrate the scope of influence,and the overall situation is divided into two areas: offline trademarks and online trademarks.The influence of trademarks in the offline area is based on the characteristics of the trademark itself,the characteristics of administrative divisions at all levels in our country,and the different provisions in the legal provisions.The medium-reasoning reasoning that the scope of the area should be the lowest limit of the county level and does not need to cover the scope All areas.Since online trademarks mainly rely on the Internet to conduct business and publicity,and they have broken through the limits of geographical scope,they can only be identified through online audience groups.Should not be less than the number of registered trademark audiences.The fourth part is to determine "certain impact" from the nature of "impact".What is discussed is that the negative impact of illegal products in the long-term business has not been ruled out by the "certain impact" of the first-use rights of trademarks.When dealing with related cases,it is not possible to deny the protection of the rights of illegal goods from this point of view.Instead,from the perspective ofbalance of interests,the impact of operating illegal goods will damage the public interest and cannot be recognized by law.The recognition of the prior use right of a trademark shall be based on the principle of balance of interests,and the time and influence shall be the main factors.Specifically,the date of registration of the registered trademark is used as the authorization time.Take the county-level area as the minimum of the scope of trademark influence.The negative impact of illegal products in the long-term business has not been ruled out by the "certain impact" of the first-use rights of trademarks.When analyzing relevant cases,the claim of the prior right holder cannot be denied from this perspective.