Trademark infringement preemption refers to the behavior that others have used the same or similar trademark on the same kind of goods or goods of similar nature before the trademark registrant applies for registration, and it has certain influence. The exclusive right holder of a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but the trademark registrant may require it to attach an appropriate distinguishing mark.

legal ground

Article 59 of the Trademark Law of People's Republic of China (PRC) * * * The exclusive right holder of a registered trademark has no right to prohibit others from properly using the common name, figure and model of the commodity contained in the registered trademark, or the place name that directly indicates the quality, main raw materials, function, use, weight and quantity of the commodity. The exclusive right holder of a registered trademark of a three-dimensional mark has no right to prohibit others from properly using the shape of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value. Before the trademark registrant applies for trademark registration, if another person has used a trademark that is the same as or similar to the registered trademark and has a certain influence before the trademark registrant, the exclusive right to use the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but he may require it to attach appropriate distinctive marks.