1. How are the prior rights of trademarks and cybersquatting stipulated? The prior right in the Trademark Law refers to the right to enjoy prior protection in accordance with the Trademark Law and because of the prior time or procedure, compared with other rights obtained in accordance with other laws or also in accordance with the Trademark Law and rooted in the trademark and its constituent elements. According to the provisions of the Trademark Law of China, trademark registration is voluntary, so registered trademarks and unregistered trademarks are produced in real economic life. The current trademark law only adjusts unregistered trademarks from the perspective of management, and the protection of unregistered trademarks is mainly reflected in Article 31 of the Trademark Law on stopping cybersquatting. However, once cybersquatting is successful, it is uncertain whether the cybersquatter can ask the prior user of the trademark to stop using it or compensate for damages. The right of prior use of a trademark can be defined as follows: before the application date of a registered trademark, if a trademark identical with or similar to the registered trademark has been used in good faith and continuously on the goods or services approved for use in the trademark registration, the trademark user has the right to continue to use the trademark on the original goods or services. Second, what are the provisions on trademark registration In China, the principle of obtaining the exclusive right to use a trademark is to obtain the registration system as the mainstay, supplemented by well-known acquisition; Voluntary registration system is the main system, supplemented by compulsory registration system. In addition, the Trademark Law adopts the principle of giving priority to the application first, supplemented by the use first, that is, if two or more applicants apply for registration with the same or similar trademarks on the same or similar goods, the Trademark Office will preliminarily examine and approve and announce the trademarks that have been applied for earlier. If the application for registration is made on the same day, the Trademark Office will preliminarily approve and announce the use of the previous trademark. Thirdly, the Trademark Law also stipulates that the application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means. Prior right means that the trademark applied for registration shall not conflict with other people's rights such as copyright, name right, appearance patent right, portrait right and name right. Registering a trademark that others enjoy prior rights is essentially an infringement, so even if it is registered, it can be revoked. However, if the prior owner does not advocate revocation within 5 years from the date of trademark registration, the right will be lost. Another way is that the prior obligee can raise an objection to the trademark announced in the preliminary examination and approval, state the facts and reasons for the prior use of the trademark to the Trademark Office, and put forward opinions against registration. Iii. Conditions for the prior right to use a trademark 1. The fact that a trademark was used before the filing date of another person's registered trademark. This is a requirement for the user's use time. If this condition is not met, there will be no "prior use" and no prior use right will be generated, which will be used as a defense against trademark infringement. It should be noted that the use is not limited to the use of the existing users. If there has been a business inheritance relationship, the use of the existing users as inheritors is of course possible as the use in this condition. The previous use of the decedent shall be regarded as the use of the existing user. In other words, the time of use of a previously used trademark is based on the time when the trademark is first used commercially. 2. The trademark used earlier is the same as 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 and the registered trademark do not constitute the same or similar trademark pattern, or the goods used do not belong to the same or similar goods, the user has the right to continue to use or even apply for registration of the trademark. If the previously used trademark and the registered trademark constitute similar trademarks used on the same or similar goods, the unregistered trademark shall not be used continuously in accordance with the general provisions of the Trademark Law of China on the principle of prior application and registration, otherwise it will constitute an infringement of the registered trademark right. However, the law should maintain good faith, and should not prohibit or sanction fair use, so it is necessary to create an exception under the above principles, that is, the prior use right of trademarks. 3. The prior user must use the trademark continuously on his goods. The so-called continuous use means that the prior user uses the trademark continuously on his goods. If the prior user had used the trademark before the application date of another person's registered trademark, but stopped using it without justifiable reasons, he may not continue to use the trademark. The reasons are as follows: first, the prior right to use a trademark, as an exception to the principle of registration, is to protect the interests of the prior user. If the prior user's use has been interrupted, he will no longer enjoy any interests in the trademark, so there is no need to protect it. Second, if there is only the fact of use, the prior user can still use it again after the trademark of others is registered, which will fundamentally shake the trademark registration system and is not conducive to protecting the interests of trademark registrants. Third, it is not conducive to maintaining normal fair competition and safeguarding the interests of consumers to allow reuse after the interruption of use. The so-called justifiable reason refers to the interruption of use for reasons other than the user's subjective reasons. If there is a justifiable reason to stop using it, it shall not be regarded as a lack of continuous use. If the goods used in the prior use of the trademark are seasonal, the use of the trademark will be suspended. In China, under normal circumstances, trademarks are mainly registered first and applied first, while the use is supplemented. If one or two applicants want to register a trademark on the same type of goods, it depends on who applied first. If they apply for registration on the same day, it depends on who used the trademark first. And shall not damage the prior rights of other applicants.