The trademark right in China is the principle of first registration, not the right to use it first. No matter how you use this trademark, as long as it is not registered, there will be a big problem. If it is registered by others, it will involve infringement, so it is useless to say that you use it first. So how do other countries judge trademark rights?

We know that there are four principles for determining the exclusive right to use a trademark in countries around the world: First, the principle of prior use. That is, the first user of a trademark has the right to use the trademark. In countries that adopt this principle, the registration of trademarks only plays the role of declaration and cannot determine the ownership of the exclusive right to use trademarks. The first user of a trademark may, at any time, raise an objection to a registered trademark with the same or similar trademark and request the cancellation of its trademark registration. This kind of regulation makes the rights of trademark registrants often in an uncertain state, which has great disadvantages.

At present, most countries have not adopted this principle. The second is the principle of prior registration. That is, whoever registers first will get the exclusive right to use the trademark first. Such as Japan, France, the Federal Republic of Germany, Belgium, the Netherlands, Luxembourg and most other countries have adopted this principle. According to this principle, the person who uses the trademark first does not enjoy the exclusive right to use the trademark, while the person who registers the trademark first enjoys the exclusive right to use the trademark. Third, the principle of prior registration is basically implemented, but the first user of a trademark can file an accusation and request to cancel it within the prescribed time limit (the number of years stipulated by various countries varies, such as three years in Spain, five years in the United States, Austria, etc., and seven years in Britain). If the statutory time limit has passed and no one has filed a complaint, the first registrant of the trademark will obtain the undisputed trademark right.

in this case, the trademark registration plays the role of a preliminary certificate to determine the trademark right, and it can only become the final basis for obtaining the trademark ownership after the statutory time limit. This practice not only protects the interests of the first registrant, but also takes care of the interests of the first user. At present, Britain, the United States, India, Canada, New Zealand, Spain, Kuwait, Austria, Syria, Pakistan, Australia and other countries all adopt this method. Fourth, while confirming that the first registrant of a trademark has obtained the trademark ownership, it also allows the first user's right to use the trademark only for himself, and may not expand the scope of use. If a trademark is transferred, it must be transferred together with the enterprise and may not be transferred separately. Countries that implement this principle include Sri Lanka, Saudi Arabia and Iceland.

Generally speaking, trademark rights can be divided into the principle of first registration and first use, and each country is somewhat different, especially the trademark law.