Research on the legal issues of the registered trademark right and prior right in China
The conflicts between registered trademark right and prior right are gradually increasing in the increasingly developed commercial activities. These conflicts are manifested as the coincidence of the power object,production operators of goods or services of hitchhiking speculation,two yuan protection mode leads to judicial and administrative practice of the contradiction, the prior right is not clear , etc. Therefore by defining the connotation of the prior right and using empirical analysis method and study several cases, draw the corresponding conclusion, namely, the solution of the coincidence of the right object; improve prior right holders and trademark applicant’s legal consciousness; joint application of trademark law and anti unfair competition law; the improvement of the two element protection mode and the improvement of the existing trademark law system.
Keywords： trademark right; prior rights; conflict of rights