What is the defense of right of prior use in the defense of trademark infringement? What?
The right of prior use defense in trademark infringement defense is based on the provisions of Article 59, Paragraph 3 of the new Trademark Law: " Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the owner of the exclusive right to the registered trademark has no right to prohibit the user from using the original trademark. Continue to use the trademark within the scope of use, but you can require it to be attached with appropriate distinguishing marks."
As a result, the Trademark Law has added a trademark prior use defense system, which It is necessary to study how the new rules should be interpreted and applied in judicial practice.
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