It depends on whether his trademark has been registered. If not, it's fine, and if you like, you can register it before him. If he has registered the trademark, you can use it with his consent and pay a certain royalty. But if you use it without permission, you will violate the law.

Article 38 of the Trademark Law stipulates: "Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Without the permission of the registered trademark owner, in the same place,

(2) selling goods that are known to be counterfeit registered trademarks;

(3) forging, unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(4) causing other damage to the exclusive right to use a registered trademark of others. "

Article 41 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China, which was approved by the State Council on July 15, 1993, stipulates: "Anyone who commits one of the following acts is an act of infringing on the exclusive right to use a registered trademark as referred to in Item (4) of Article 38 of the Trademark Law:

(1) distributing goods that he knows or should know are infringing on the exclusive right to use a registered trademark of others;

(2) On the same or similar goods, words and graphics identical or similar to others' registered trademarks are used as product names or product decorations, which is enough to cause misunderstanding;

(3) Deliberately providing convenient conditions such as warehousing, transportation, mailing, concealment, etc. for infringement of the exclusive right to use a registered trademark of others. "