According to the provisions of China's Trademark Law, if an applicant for trademark registration applies for trademark registration in China for the same commodity and the same trademark within six months from the date when his trademark is in a foreign country, he may enjoy priority according to the agreement signed between the foreign country and China, or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority. "
legal ground
Article 25 of the Trademark Law of People's Republic of China (PRC) Where an applicant for trademark registration applies for trademark registration in China for the same commodity with the same trademark within six months from the date of the first application for trademark registration in a foreign country, he may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority. Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.