(1) Who is the trademark owner? According to Article 29 of the Trademark Law, the principle for solving the problem of two or more applicants applying for the same trademark in my country is first to apply and first to use. The specific manifestations are: 1) If two applications are made on different days, the first-to-apply principle will be adopted; 2) If two applications are made on the same day, the first-to-use principle will be adopted. Based on the above description, the first-to-file principle applies to this case. Factory B enjoys the exclusive right to use the trademark and is the trademark owner.

(2) Who is the infringer? Although based on the first-to-file principle, Factory B is the trademark owner. However, based on the above facts, Factory B is registering maliciously. Therefore, according to Articles 30, 31, and 41 of the Trademark Law, Factory A can apply for trademark opposition and trademark dispute ruling, thereby canceling Factory B’s trademark. However, since Factory A has not applied for a registered trademark and does not enjoy the exclusive right to use the trademark, Factory B has not infringed Factory A’s trademark rights. Therefore, factories A and B do not infringe each other, and there is no infringement.

(3) However, according to the Anti-Unfair Competition Law and the General Principles of the Civil Law, Factory B’s behavior violated the principle of good faith and constituted unfair competition. Factory A can sue Factory B for unfair competition in court and request compensation for losses.

I hope my reply is useful to you, thank you. For more trademark and intellectual property issues, please consult China Doctoral Legal Consultants Network.