China's agency priority
The priority is clearly stipulated in the newly revised Trademark Law and the Paris Convention. Paragraph 1 of Article 24 of the Trademark Law stipulates that "if an applicant for trademark registration applies for trademark registration in China for the same commodity and the same trademark within six months from the date when his trademark was first applied for in a foreign country, he may enjoy priority according to the agreement signed between the foreign country and China or the international conventions to which both countries are parties, or according to the principle of mutual recognition of priority." The first paragraph of Article 25 of the Trademark Law stipulates that "if a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China government, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the commodity." The Paris Convention stipulates that any person or his successor who has formally filed an application for trademark registration in a member country of the Union shall enjoy the priority for applications filed in other countries within a period of six months. Before the revision of the Trademark Law, there was no clear stipulation on priority, but it was mentioned in the implementation rules that the Trademark Office accepted the application for trademark registration and claimed priority. The revised Trademark Law clearly stipulates the priority, which not only meets the requirements of the Paris Convention, but also has a wider scope of protection. The Paris Convention only stipulates that countries should give temporary protection to trademarks in commodities exhibited in official or officially recognized international exhibitions held in any country of the Union, and does not require priority in this regard. In the Trademark Law, priority has been given to trademarks used for the first time in some international exhibitions. That is to say, this provision in the Trademark Law gives the applicant the right to oppose others, and applications filed by others for the same or similar trademarks on the same or similar goods before the applicant's first exhibition to the date of filing an application for trademark registration will be rejected.