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How to determine the scope of prior use rights of a trademark?

Article 59 of the "Trademark Law" stipulates: "Before the trademark registrant applies for trademark registration, others have already used the same or similar trademark as the registered trademark on the same or similar goods before the trademark registrant. For a trademark with certain influence, the owner of the exclusive right to register a trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach appropriate distinguishing marks. "

State Administration for Industry and Commerce " Article 3 of the Notice on the Continued Use of Service Marks stipulates that when a service mark continues to be used, the user must abide by the following provisions:

1. The service mark shall not be expanded in the area of ??use;

< p>2. The service items used by the service trademark shall not be added;

3. The graphics, text, color, structure, writing method, etc. of the service trademark shall not be changed, except that the service trademark registered with another person shall be used. Except for changes made for different purposes;

4. The service trademark shall not be transferred or licensed to others.

Specifically:

As far as the trademark standard is concerned, the prior user is not allowed to change the original trademark pattern to make it more similar to the registered trademark, but is allowed to make similar changes to the registered trademark of others. changes in distinction.

As far as the use of goods or services is concerned, the prior user can only continue to use the goods or services for the original purpose and is not allowed to expand the scope of use of the goods or services.

As far as the region of use is concerned, in principle, the trademark can only be used within the original region of use of the trademark, and the region of use of the trademark cannot be expanded.

As far as the transfer of prior use rights is concerned, in principle, the trademark cannot be transferred or licensed to others.