When applying for trademark registration, it is an important principle not to damage the existing prior rights of others. The following is relevant information:

1. Definition of prior rights:

Prior rights refer to the situation where others have used and enjoyed certain trademark rights before the trademark application date. Others may have registered the same or similar trademark, or have established the trademark's popularity and commercial reputation in the relevant field.

2. No damage to prior rights:

Trademark law stipulates that during the trademark registration process, applicants shall not damage the existing prior rights of others. This means that applicants are not allowed to apply for a trademark that is identical or similar to someone else’s existing trademark to avoid infringement disputes.

3. Trademark search and examination:

The Trademark Office usually searches and examines trademark applications to determine whether there is a conflict with others’ prior rights. A trademark search helps discover trademarks that are similar to existing trademarks, while the review stage provides a further comprehensive evaluation of the trademark application.

4. Objection and conflict resolution:

If a trademark application conflicts with someone else’s prior rights, relevant interested parties can file an objection. The Trademark Office will review and make decisions based on specific circumstances to ensure that the prior rights of others are not harmed.

When applying for trademark registration, it is very important to abide by the principle of not infringing the existing prior rights of others. Before applying for a trademark, it is recommended to conduct a comprehensive trademark search, evaluate potential conflicts, and consult with a professional intellectual property attorney for specific legal advice and guidance.

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