1 has been used before the date of application for the registered trademark of others.

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.

The prior user must continue to use the trademark on his goods. The so-called continuous use refers to the continuous use of the trademark by the prior user on its goods.

4 prior use must be in good faith.

The exclusive right to use a trademark refers to the legislative criterion that the state grants and protects the exclusive right to use a trademark to the applicant for trademark registration according to the purpose and legal procedures of trademark legislation. The exclusive right to use a trademark includes two aspects: the right to use a trademark and the right to prohibit a trademark. (1) The right to use a trademark refers to the right of the trademark owner to use his registered trademark on the goods or services approved by the Trademark Office. (2) The trademark prohibition right refers to the right of the trademark owner to prohibit other units or individuals from using the same or similar trademarks with their registered trademarks on the same or similar goods or services without permission.

Characteristics of the exclusive right to use a trademark:

1. Trademark right is a right recognized by the state; Only one institution in a country has the right to accept and approve trademark rights.

2. Trademark rights are exclusive. Also known as exclusivity or monopoly.

3. Trademark right is regional. A trademark approved by a country is valid only within the territory of that country, but not for other countries.

4. Trademark rights are time-sensitive. The validity period of registered trademarks in China is 10 year. After the expiration of the validity period, if the trademark owner wants to continue to use and get protection, he must go through the relevant renewal procedures and pay the fees within half a year before the expiration. There is no limit to the number of trademark renewals.

In China, claiming priority must meet the following conditions:

1. Trademarks shall be used for goods exhibited in international exhibitions sponsored or recognized by the China government.

2. The legal time limit for enjoying the priority is to file an application for trademark registration within six months from the date of exhibition. That is, the law stipulates the time limit for enjoying the priority, and if it exceeds the legal time limit, the opportunity will be lost.

3. When applying for trademark registration, the applicant for trademark registration shall make a declaration of priority in written form, and submit the name of the exhibition, the evidence of using the trademark on the goods on display, the date of exhibition and other supporting documents within three months. The certification documents shall be certified by the institution designated by the administrative department for industry and commerce of the State Council; An international exhibition showing their goods was held in China. If a written statement or supporting documents are not submitted for more than three months, it shall be deemed that priority has not been claimed.