关键词: 在先使用, 未注册商标, 保护

Abstract: According to the Trademark Law of the P. R. China, registration is the only way to accrue trademark right, thereforeto protect senior user' s non-well-known unregistered trademark demands theoretical justification and institutional tech-nics. Theoretically, to protect the senior user's unregistered trademark is to safeguard a kind of market interest that is notexplicitlystipulated by law. How to protect the interest as such requires a detailed analysis about the specific circum-stances. The 3rd Amendment to the Trademark Law of the P. R. China shall stipulate the non-infringement the senior us-er' s continuous use, meanwhile, it has to integrate it with the other categories' protection for the senior user' s unregis-tered trademark．

Key words: Senior use, Unregistered Trademark, Protection