Abstract：As one of approaches to invest, the legal and effective trademark use contributes and collects goodwill of trademark, which has a positive correlation between the zone of goodwill and trademark investment. The institution of prior use depends on substantial influence and is a system which has an inner logical structure comprised by positive right and negative right. Besides, the right of prior use is confined by substantial influence and relevant persons. Prior to trademark registration, the determination of right of trademark use should be made according to the facts, such as the status of the parties concerned, the length of time of trademark use and substantial influence etc., rather than solely to the time of trademark use and registration when disputing parties used trademarks. Even though ambit of effect is restricted within the original area, the prior user can still expand its making place and change the form of business.
倪朱亮. 商标在先使用制度的体系化研究——以“影响力”为逻辑主线[J]. 浙江工商大学学报, 2015, (5): 74-83.
NI Zhuliang. The Research on the System of Institution of Prior Use Trademarks——Based on the Logic Thread of Influence. Journal of Zhejing Gongshang University, 2015, (5): 74-83.
2015, Vol. 
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