The purpose of the conditions relating to trademark registration is to protect the prior rights or interests of third parties in trademark registration, opposition and invalidation proceedings. It is, in fact, a matter of conflicting rights where the governing principle holds that a prior right prevails over a subsequent right. The implementation of this principle in trademark law requires, on the one hand, its recognition in trademark law and, on the other hand, provision in trademark law for prior rights and interests specific to trademark law, since other types of prior rights in relation to trademarks are defined respectively by the laws which protect them.

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Relative Grounds for Refusal of Registration

  • Shujie Feng

摘要

The purpose of the conditions relating to trademark registration is to protect the prior rights or interests of third parties in trademark registration, opposition and invalidation proceedings. It is, in fact, a matter of conflicting rights where the governing principle holds that a prior right prevails over a subsequent right. The implementation of this principle in trademark law requires, on the one hand, its recognition in trademark law and, on the other hand, provision in trademark law for prior rights and interests specific to trademark law, since other types of prior rights in relation to trademarks are defined respectively by the laws which protect them.