论商标在先使用权法学专业论文.docxVIP

1 1 2 2 Abstract The trademark is used to indicate the source of goods or services identification. The importance of trademarks in the rapid economic development, more and more awareness, and has been widely applied to commercial life. Producers and operators of goods and services, use of trademarks visibility advertising, consumers want to choose their own commodities under the trademark. Therefore, in order to safeguard the legitimate rights and interests of operators and consumers, and the order of the market economy, the legal need to protects trademarks Chinas “trademark law is mainly used for the protection of registered trademarks, although it also provides for the protection of unregistered trademarks, but the requirement is not perfect. Faced with a series of questions of fact of real life, a large number of unregistered trademarks and abusive registration of trademarks, the theoretical and practical circles a lively discussion on the protection of unregistered trademarks. In order to safeguard the legitimate rights and interests of consumers and fair market competition order, protect honest legitimate interests of producers and traders, the prior use rights protection given to trademarks and unregistered trademarks of prior use. In order to safeguard the legitimate rights and interests of consumers and fair market competition order, protect honest legitimate interests of producers and traders, have a certain influence of prior use unregistered trademarks protected by trademark prior use rights. Around the trademark right of prior use, in addition to the introduction and conclusion, the body consists of four main parts. The first part is the trademark of the essence of the right of prior use analysis, by prior use of trademark rights connotations, the nature of the constituent elements of exposition to clear what is a trademark right of prior use; The second part of the analysis of the trademark right of prior use of legitimacy, through theoretical and pra