The explanation of prior rights should stick to the intellectual property principle of legality and the concept of intellectual property law as a whole.

This paper wants to search after the confirmations to solve the conflict between the prior right and the registered trademark right .

TRIPS of WTO provides prior rights related to registered trademarks,but the Trademark Law of China has not had such provisions yet.

As regards solving right conflict of intellectual property right, no matter what is the major view of the academia or the trial practice of the people s court, all emphasize that respecting the principle of the priority right should be regarded as primary principle to solve conflict.

Since the conflict of rights has become a normal phenomenon as a result of the diversity and intersection of rights, exclusion of property rights and necessary request of rights protection by obliges, thus, prior right has become a preferred principle for solving conflicts of intellectual prope.

In those years, the cases of conflict between trademark right and prior rights are often brought forward, the new things and new questions are producted one by one.

For the sake of saving cost of publicity of trademark, increasing the popularity merchandise or service quickly, some people will use the Prior Right to " hitch a ride" with deliberate or not when they apply for trademark register, Once the trademark registering is successful, it does form the conflicts of the trademark right and Prior Right.