Research On The Prior Use Right Of Unregistered Trademarks In The Internet Environment

The current rapid development of Internet technology brings us convenient also brings to the existing related legal system of a series of shocks,the trademark is registered in the system of the trademark law in 2013 changed to determine an unregistered trademark protection of the right to the use of earlier,to the original registration to achieve the perfect also highlights the fair principle.However,the intervention of the Internet environment has brought challenges to the original protection of the right of prior use of unregistered trademarks.The prior right to use the unregistered trademark can continue to be used in the Internet environment,which is mainly because the Internet does not change the original intention of the protection of the right,that is,the protection of the trademark owner condensed in the embodiment of the principle of goodwill and balance of interests.However,the Internet still brings an impact to the original trademark prior right system in China,mainly including the judgment of "subjective goodwill","certain influence" and the definition of "original scope of use".The convenient access to information on the Internet improves the possibility of the goodwill change of trademark preemptive right holders.At the same time,the development of big data also makes people’s behavior more traceable,which is more conducive to the acquisition of evidence and the judgment of behavior.At the same time,it is far from enough to think that the preponderant has invested a lot of advertisements on the Internet to have a certain influence.Finally,the biggest feature of the Internet is that it breaks down regionalism.It is almost impossible to determine the regional scope in the Internet environment.The intervention of Internet factors in the coexistence of trademarks in the United States puts forward five elements and eight elements to judge the actual goodwill area.Judgments of cases in the United Kingdom and Canada also respond to the judgment of trademark prior right in the Internet environment from the side.Trademark is the nature of unavailability first allows similar and similar trademark legal coexist,embodies the fairness principles but at the same time can’t deviate from the fundamental principle of confusion,trademark law in the Internet environment can take "website stated that" and "links" mode to avoid confusion,at the same time,Internet platform service provider should undertake certain screening and prompt obligations,The above measures are used in combination to avoid trademark confusion in the Internet environment.