Prior right to use: according to the provisions of China's Trademark Law, trademark registration is voluntary, so registered trademarks and unregistered trademarks have emerged in real economic life. The current trademark law only adjusts unregistered trademarks from the perspective of management, and the protection of unregistered trademarks is mainly reflected in Article 3 1 of the Trademark Law on stopping cybersquatting. However, once the cybersquatting is successful, it is uncertain whether the cybersquatter can ask the prior user to stop using the trademark or compensate for the loss.
Extended data:
Article 25 of the Trademark Law stipulates that if a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China Municipal Government, the applicant for registration of the trademark can enjoy priority within 6 months from the date of exhibition of the commodity.
Definition of prior use right of trademark
The significance of establishing the system of prior use right of trademarks is to make up for the shortcomings of the principle of prior application and the principle of registration. Specifically, it includes:
1. Protect fair competition, balance the interests of trademark registrants and early users, and avoid unfair consequences to early users.
2. In terms of stopping cybersquatting, the system of prior use of trademarks gives the prior users the right to continue to use trademarks and restricts cybersquatters from registering trademarks. At the same time, it also won time for the prior user of the trademark to start the improper procedure of deregistration.
3. Because the prior owner of a trademark has the right to continue to use its trademark on the original goods or services, it does not constitute infringement on the trademark registrant, so it must meet certain constitutive requirements.
Baidu encyclopedia-the first right to use
Baidu Encyclopedia-Priority of Trademark Use