Whoever registers first will have the exclusive right to use the trademark. In this case, if enterprise B is registered first, it will legally have the exclusive right to use the trademark. Enterprise a, which uses first, does not enjoy legal protection.

In this case, it is difficult for the unregistered party to win its own rights and interests, and only three preconditions can enable Enterprise A to protect its own rights and interests:

1, enterprise b infringes. That is, enterprise A has been using the trademark, and enterprise B has registered the same trademark on the same products and services, so the behavior of enterprise B constitutes infringement and maliciously registers the trademark of others. Enterprise A can apply to cancel the trademark of enterprise B. ..

2. Enterprise A has a high reputation. The brand goods or services produced by enterprise A enjoy a high reputation in the local market, but the registration and use of the trademark by enterprise B misled the public consumers and caused serious economic losses to enterprise A. Enterprise A can apply for cancellation of the trademark of enterprise B. ..

The trademark of enterprise B has not been put into use for three years. If the registered trademark of a Class B enterprise has not been used for three years, Enterprise A may apply to the Trademark Office for cancellation for three years, and then re-register the trademark after the cancellation is successful.

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