1 The fact that it was used before the application date of another person's registered trademark

2 The trademark used in advance is the same or similar to the registered trademark, and the goods or services used are the same or similar

3 The prior user must use the trademark continuously on his goods. The so-called continuous use means that the prior user uses the trademark continuously on his 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 the applicant for trademark registration the exclusive right to use a trademark and protects it according to the purpose of trademark legislation and legal procedures. 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, examine and approve trademark rights.

2. The trademark right is exclusive. Also known as exclusivity or monopoly.

3. Trademark rights are 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-limited. The validity period of a registered trademark in China is 1 years. After the expiration of the validity period, if the trademark owner wants to continue to use it and get protection, he must go through the relevant renewal procedures and pay the fee within half a year before the expiration. There is no limit to the number of trademark renewals.

To claim priority in China, the following conditions must be met:

1. The goods exhibited at international exhibitions sponsored or recognized by the China government must be trademarks used.

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 of the commodity. That is, the law stipulates the time limit for enjoying priority, and if it exceeds the statutory time limit, it will lose the opportunity.

3. When applying for trademark registration, the applicant for trademark registration should make a statement of priority in writing, and submit the name of the exhibition where its goods are exhibited, the evidence of using the trademark on the goods on display, the date of exhibition and other supporting documents within three months. The certification document shall be certified by the institution specified by the administrative department for industry and commerce of the State Council; International exhibitions displaying their commodities are held in China. If a written statement is not submitted or the supporting documents are not submitted for more than three months, it shall be deemed that the priority has not been claimed.