The right of first use refers to the right that someone has made the necessary preparations for manufacturing or using before the patent application, and after the applicant's patent right is approved, the above-mentioned personnel can continue to manufacture or use within the original scope. Generally speaking, "right of first use" is regarded as one of the patent cases that cannot be regarded as infringement.

prior right of use: according to the provisions of the trademark law of China, trademark registration is voluntary, so registered trademarks and unregistered trademarks are produced 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 31 of the Trademark Law on stopping cybersquatting. However, once cybersquatting is successful, it is uncertain whether cybersquatters can ask the prior users of trademarks to stop using or compensate for damages.

Extended information:

Article 25 of the Trademark Law stipulates that if a trademark is used for the first time on a commodity exhibited at an international exhibition sponsored or recognized by the China government, the applicant for registration of the trademark can enjoy priority within 6 months from the date of the commodity exhibition.

definition of prior use right of trademark

the significance of establishing the system of prior use right of trademark is mainly reflected in making 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 for early users.

2. As far as the registration of registered trademarks is concerned, the system of prior use of trademarks gives the prior users the right to continue to use the trademarks, and the registration of registered trademarks is restricted. At the same time, it will gain 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-Right of Prior Use

Baidu Encyclopedia-Right of Prior Use of Trademarks