Legal analysis: 1. The fact that the trademark has been used before the application date of someone else’s registered trademark

This is a requirement for the user’s usage time. If this requirement is not met, Under the conditions, there is no "prior use" and no prior use right can be generated, which can be used as a defense for trademark infringement.

2. The previously used trademark is identical or similar to the registered trademark, and the goods or services used are the same or similar.

Under normal circumstances, if the previously used trademark is not identical or similar to the registered trademark in terms of trademark design, or the goods used are not identical or similar goods, the user has the right to continue to use it even Apply to register the trademark.

3. The prior user must continue to use the trademark on its goods.

The so-called continuous use means that the prior user uses the trademark continuously and without interruption on its goods.

4. The prior use must be in good faith

Legal basis: "Trademark Law of the People's Republic of China" Article 25 The applicant for trademark registration shall have If a foreign country files a trademark registration application for the same goods in China within six months from the date when it first files an application for trademark registration, in accordance with the agreement signed by the foreign country with China or an international treaty to which China is a party, or Priority can be enjoyed in accordance with the principle of mutual recognition of priority.

If you claim priority in accordance with the preceding paragraph, you must submit a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to make a written statement Or if a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.