1, principle of use. That is, the trademark right is established according to the fact that the trademark is used;

2. The principle of registration. That is, the trademark right is established because of the fact of registration;

3. The principle of mixing. That is, the fact of full registration and use.

legal ground

Article 30 of the Trademark Law of People's Republic of China (PRC)

Where the trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not make an announcement.

Article 31

Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, they shall make a preliminary examination of the trademarks applied for earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

Article 32

The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.