What does "prior user rights" mean in trademark law?

"Prior user rights" in trademark law refers to the protection afforded to individuals or entities that have used a trademark in commerce before it was registered by another party. This means that even if a trademark is later registered by someone else, the prior user retains certain rights to continue using that mark, provided they can demonstrate continuous use of it in a related market or geographical area.

This principle is significant because it recognizes the interests of businesses and individuals who have established goodwill associated with their marks before others claim the same mark through registration. Prior user rights help to ensure that the legitimate interests of those who have been using a mark in the marketplace are not overridden by later registrants who did not use the mark first.

In contrast, the other choices do not accurately reflect the concept of prior user rights. Rights granted only to registered trademark owners do not take into account prior users. Popularity of a trademark is not the basis for exclusive rights, as trademark rights depend on the use in commerce and first use rather than sheer popularity. Lastly, short-term rights to trademarks pending approval do not align with the established principle of prior use, as those rights are not about protecting established users but rather reflect a different standard of trademark registration processes.