Legal analysis: the application is first determined according to the date when the applicant filed the application for trademark registration, and the application date for trademark registration is based on the date when the Trademark Office received the application. Therefore, the date of receipt of the application by the Trademark Office should be taken as the criterion for judging the priority of the application.
Legal basis: Trademark Law of the People's Republic of China
Article 25 Where an applicant for trademark registration applies for the same trademark for the same commodity in China within six months from the date of the first application for trademark registration in a foreign country, he may enjoy priority according to the agreement signed by the foreign country with China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority.
where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not submitted or a copy of the trademark registration application document is not submitted within the time limit, it shall be deemed that the priority has not been claimed.
article 3 where a trademark applied for registration does not conform to the relevant provisions of this law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the trademark office shall reject the application and will not publish it.
article 31 where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark that applied earlier shall be preliminarily examined and approved and announced; If the application is made on the same day, the earlier trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.