Legal analysis: Trademark rights belong to intellectual property rights. Obtaining trademark rights requires registration. A registered trademark is a commercial mark used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. Trademark rights are proprietary results created by intellectual labor of an enterprise or individual for commercial purposes.

Legal basis: "Trademark Law of the People's Republic of China" Article 59 The registered trademark contains the common name, graphics, model of the product, or directly represents the quality and main raw materials of the product , function, purpose, weight, quantity and other characteristics, or the place names contained, the owner of the exclusive right to a registered trademark has no right to prohibit others from legitimate use.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. Fair use by others.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark shall There is no right to prohibit the user from continuing to use the trademark within the original scope of use, but it can require it to attach an appropriate distinguishing mark.