Trademark disputes refer to disputes arising from identical or similar trademarks registered earlier on the same or similar goods, that is, disputes arising from trademark exclusive rights, licensing rights, disposal rights and other related aspects of registered trademarks.

legal ground

Article 59 of the Trademark Law of People's Republic of China (PRC)

A registered trademark contains the common name, figure and model of a commodity, or directly indicates the quality, main raw materials, function, use, weight and quantity of the commodity, or contains a place name, and the exclusive right holder of a registered trademark has no right to prohibit others from using it properly.

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.