According to the provisions of the Trademark Law, applying for trademark registration shall not damage the existing prior rights of others. The "Trademark Trial Guidelines" further clarify how to determine issues involving the protection of prior rights in specific cases of trademark opposition, opposition review and disputes. The trademark applied for registration shall have priority, which means that the trademark applied for registration shall neither conflict with the trademarks previously applied for or registered by others, nor shall it conflict with other legal rights previously obtained by others. Since other provisions of the Trademark Law have made corresponding provisions on the protection of prior trademark rights, the prior rights referred to below refer to rights other than trademark rights that have been obtained before the date of application for registration of the disputed trademark. , including trade name rights, copyrights, design patent rights, name rights, portrait rights, etc. If the prior right owner or interested party requests the Trademark Review and Adjudication Board to cancel the disputed trademark, the request shall be made within five years from the date of registration of the disputed trademark. The following entities are interested parties: (1) Licensees of prior rights; (2) Other entities with evidence proving their interest in the case. Whether an interested party is an interested party shall be determined at the time when the review application is submitted. However, those who already have an interest during the trial of the case shall also be recognized as interested parties. 1. If a trade name right applies to be registered as a trademark with the same or basically the same wording as a trade name that has been previously registered and used by others and has a certain reputation, which will easily cause confusion among the relevant public in China and cause the interests of the prior trade name right holder to be possibly damaged, the company shall If it is determined to be an infringement of the prior trade name rights of others, the disputed trademark shall not be approved for registration or shall be revoked. (1) Applicable conditions: 1. The date of registration and use of the trade name should be earlier than the date of application for registration of the disputed trademark; 2. The trade name has a certain degree of popularity among the relevant public in China; 3. The registration and use of the disputed trademark is likely to cause confusion among the relevant public. , causing the interests of the prior trade name owner to be damaged. (2) Regarding the definition of prior trade name rights, if the trade name right is used against the disputed trademark, the date of registration and use of the trade name should be earlier than the date of application for registration of the disputed trademark. The fact that you have previously enjoyed the right to a trade name can be proven by using company registration materials, commodity transaction documents using the trade name, advertising materials, etc. (3) Determination of the likelihood of confusion The possibility of confusion means that the registration and use of the disputed trademark will cause the relevant public to mistakenly believe that the goods/services identified by the trademark come from the trade name owner, or have a certain relationship with the trade name owner. a specific connection. If it is determined that the disputed trademark is likely to be confused with an earlier trade name and may damage the interests of the owner of the earlier trade name, the following factors should be comprehensively considered: (1) The originality of the earlier trade name. If the words used in a trade name are not common words but made-up words with no precise meaning, it can be considered original. (2) The popularity of the prior trade name. To determine whether a prior trade name is well-known among the relevant public, it should be examined from the registration time of the trade name, the time span of using the trade name for business activities, geographical scope, business performance, advertising and publicity, etc. (3) In principle, the goods/services designated for the disputed trademark and the goods/services provided by the trade name owner should be the same or similar. (4) Scope of protection The scope of protection of the earlier trade name shall be specifically determined in each case based on the originality and popularity of the earlier trade name, as well as the degree of connection between the goods/services of both parties. 2. If anyone applies to register a trademark for another person's copyrighted work without the permission of the copyright owner, it shall be deemed as an infringement of the prior copyright of another person, and the disputed trademark shall not be approved for registration or shall be revoked. (1) Applicable conditions 1. The disputed trademark is identical or substantially similar to another person’s previously copyrighted work. 2. The applicant for registration of the disputed trademark has come into contact or is likely to come into contact with other people’s copyrighted works. 3. The applicant for registration of the disputed trademark does not have the permission of the copyright owner. (2) Definition of prior copyright Priority enjoyment of copyright means that before the date of application for registration of the disputed trademark, others have obtained the copyright through creation of completed works or inheritance, transfer, etc. The fact of prior enjoyment of copyright can be proved by the following evidence materials: copyright registration certificate, evidence materials of the prior public publication of the work, evidence materials of the prior creation and completion of the work, and evidence materials of the prior acquisition of copyright through inheritance, transfer, etc. wait. The fact that a party previously enjoyed copyright confirmed in an effective judgment document may be recognized in the absence of sufficient contrary evidence. (3) If the applicant for registration of the disputed trademark can prove that the disputed trademark was created independently, it does not constitute an infringement of the prior copyright of others.

The applicant for disputed trademark registration shall bear the burden of proof for the fact that he claims to have obtained the copyright owner's permission. According to the relevant provisions of the Copyright Law of the People's Republic of China and its Implementing Regulations, the applicant for registration of the disputed trademark shall provide evidence to prove the following circumstances: The applicant for registration of the disputed trademark has signed a copyright licensing contract with the copyright owner; Or the copyright owner has given direct and clear permission to use the work to apply for a registered trademark. 3. If the design patent right is not authorized, and the design patented by others is applied for registration as a trademark on the same or similar goods, it shall be deemed as an infringement of the prior design patent rights of others, and the disputed trademark shall not be approved. registration or cancellation. (1) Applicable conditions: 1. The design patent authorization announcement date is earlier than the date of application for registration and use of the disputed trademark; 2. The disputed trademark and the design are used for the same or similar goods; 3. The disputed trademark and the design are identical or similar; (2) Regarding the definition of other people’s prior design patent rights, the design patent authorization announcement date should be earlier than the disputed trademark registration application date and use date. If a party claims that it has prior enjoyment of design patent rights, it shall submit evidence materials such as design patent certificates and annual fee payment receipts to prove it. (3) The disputed trademark and the design are used on the same or similar goods. If the goods are not identical or similar, it cannot be determined as infringement of the design patent. As for the judgment that the disputed trademark and the design are identical or similar, the disputed trademark and the design can be compared as a whole, or the main significant part of the disputed trademark and the main part of the design can be compared. Regarding the determination that a disputed trademark is identical or similar to a design, in principle, the examination standards for identical or similar trademarks shall apply. The text in a design patent only protects its special expression, and its meaning is not within the scope of patent protection. The applicant for disputed trademark registration shall bear the burden of proof for the fact that he claims to have obtained the authorization from the design patentee. 4. If someone applies for trademark registration of another person’s name without permission and causes or is likely to cause damage to other people’s name rights, the disputed trademark shall not be approved for registration or shall be revoked. (1) Applicable requirements: 1. The disputed trademark is the same as the name of another person; 2. The registration of the disputed trademark has caused or is likely to cause damage to the name rights of others. (2) Others’ names include real names, pen names, stage names, aliases, etc. "Others" means living natural persons. "Identical" means using the exact same words as another person's name, or a translation of another person's name, which points to the name owner in the public's perception. (3) To determine whether the disputed trademark infringes the name rights of others, the degree of awareness of the name rights holder among the public should be considered. (4) The applicant for disputed trademark registration shall bear the burden of proof for the fact that he claims to have obtained the permission of the name right holder. Anyone who uses the name of a public figure to apply for a registered trademark without permission, or who knows it is another person’s name but applies for a registered trademark for the purpose of harming the interests of others, shall be deemed to have infringed on the right of another person’s name. If the name right holder withdraws permission before the date of application for registration of the disputed trademark, applies for a registered trademark beyond the goods/services permitted by the name right holder, or applies for a registered trademark on goods/services not expressly permitted by the name right holder, it shall be deemed that Without permission. 5. If one applies for trademark registration of another person’s portrait without permission, causing or possibly causing damage to other people’s portrait rights, the disputed trademark shall not be approved for registration or shall be revoked. (1) Applicable requirements: 1. The disputed trademark is identical or similar to the portrait of another person; 2. The registration of the disputed trademark causes or is likely to cause damage to the portrait rights of others. (2) Portraits of others include portrait photos, portrait paintings, etc. "Others" means living natural persons. "Identical" means that the disputed trademark is exactly the same as another person's likeness. "Similar" means that although the disputed trademark is different in composition from the portrait of another person, it reflects the main image characteristics of the other person and points to the portrait right holder in the public's perception. (3) The applicant for disputed trademark registration shall bear the burden of proof for the fact that he claims to have obtained the permission of the portrait right holder. Anyone who uses the portrait of a public figure to apply for a registered trademark without permission, or who knowingly applies for a registered trademark for someone else's portrait, shall be deemed to have infringed on the portrait rights of others. If the portrait right holder withdraws permission before the date of application for registration of the disputed trademark, applies for a registered trademark beyond the goods/services permitted by the portrait right holder, or applies for a registered trademark on goods/services not expressly permitted by the portrait right holder, it shall be deemed that without permission.