Before the date of application for a registered trademark, if a trademark identical with or similar to the registered trademark has been used in good faith on the goods or services approved for use in the trademark registration, the trademark user has the right to continue to use the trademark with the original goods or service provider.
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.
legal ground
Article 32 of the Trademark Law of People's Republic of China (PRC) * * * An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means. Article 34 The Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected and whose announcement is not made. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the applicant in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. Article 36 If, at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the Trademark Office's decision to reject the application or not to register, or does not bring a suit in a people's court against the reexamination decision of the Trademark Review and Adjudication Board, the application shall be rejected, not to register or the reexamination decision shall take effect.
For a trademark approved for registration after the objection is not established after examination, the time for the applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of the three-month preliminary examination and approval announcement. From the date of expiration of the trademark announcement to the date of the decision to approve the registration, there is no retrospective effect on the use of the same or similar logo with the trademark by others on the same or similar goods; However, the losses caused by users' malice to trademark registrants shall be compensated.