according to article 3 of the trademark law, "a trademark approved and registered by the trademark office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." Article 29: "Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, the trademark that applied earlier shall be preliminarily examined and announced; If the application is made on the same day, the previous trademark will be preliminarily approved and announced, and other people's applications will be rejected without announcement. " In China, trademark application is the principle of registration and the principle of prior application.

2, legal.

Paragraph 2 of Article 9 of the Patent Law "Where two or more applicants apply for a patent for the same invention and creation respectively, the patent right shall be granted to the person who applied first." Patent application is also the principle of prior application.

3.

Article 69 of the Patent Law shall not be regarded as infringement of the patent right under any of the following circumstances: "... (2) Having manufactured the same product, used the same method or made necessary preparations for manufacturing and using it before the patent application date, and continuing to manufacture and use it only within the original scope;"

①. EachFeed dated back to April 1998 and used the photo as the decoration on the packaging bag. If it was used in the original scope after the appearance patent was authorized in April 1998, it would not constitute patent infringement, but a reasonable use fee should be paid!

②. The use of the photo by Yijia Feed after the appearance patent is authorized constitutes patent infringement.

4. Litigation and mediation.

attachment: all three companies have infringed brother Wang's copyright, and they all have to pay!