Legal analysis: 1. The fact of prior use. That is to say, the person who advocates the defense of the right of first use did use the same or similar trademark with the registered trademark in the production and business activities before others applied for trademark registration.

2. The previously used trademark has had a certain influence before others apply for a registered trademark, and it is familiar to relevant consumers.

3. The scope of the right of first use shall be limited to the scope of goods used before the registered trademark of others is approved for registration, and it shall not be arbitrarily expanded. This range is usually limited to the original range of goods or services, and cannot be expanded at will.

4. After the registration of a trademark applied for by others is approved, the first user should use the trademark on the principle of not causing confusion to consumers, and cannot sell his own goods under the influence of the trademark owner. In other words, the first-time user may not continue to use his trademark for the purpose of unfair competition. In terms of specific practices, the first-time user can distinguish himself from the trademark owner's products by attaching a certain mark to his own goods, such as indicating his own factory name or address.

legal basis: article 525 of the civil code of the people's Republic of China

if the parties owe debts to each other, they shall perform them at the same time if there is no order of performance. One party has the right to refuse the performance request before the other party performs it. One party has the right to reject the corresponding performance request of the other party when the performance of the debt is not in conformity with the contract.

Article 526 Where the parties owe debts to each other, there is a sequence of performance. If one party fails to perform the debts first, the latter party has the right to refuse its request for performance. If the performance of the debt by the first party fails to meet the agreement, the second party has the right to refuse its corresponding performance request.