First, time conditions. The fact that another person's registered trademark has been used before the application date;

Second, the substantive conditions. The trademark used earlier is the same as or similar to the registered trademark, and the goods or services used are the same or similar;

Third, the conditions of use. The prior user must use the trademark continuously on his goods;

Four, there are other conditions for the priority use of trademarks.

legal ground

Article 17 of the Trademark Law of People's Republic of China (PRC)

If a foreigner or foreign enterprise applies for trademark registration in China, it shall do so in accordance with the agreement signed between the country to which it belongs and People's Republic of China (PRC) or the international treaties to which it is a party, or in accordance with the principle of reciprocity.

Article 25

An applicant for trademark registration who files an application for trademark registration in China for the same commodity with the same trademark within six months from the date when his trademark is first filed in a foreign country may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority.

Where priority is claimed in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.