1. Time conditions. The fact that the registered trademark of another person was 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;

iv. other conditions for having the priority to use the trademark.

Legal Basis

Article 17 of the Trademark Law of the People's Republic of China

Where a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled according to the agreement signed between the country to which it belongs and the People's Republic of China, or the international treaty to which * * * is a party, or according to the principle of reciprocity.

Article 25

Where an applicant for trademark registration applies for trademark registration in China for the same commodity and the same trademark within six months from the date of the first application for trademark registration in a foreign country, he may enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, 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; If a written statement is not submitted or a copy of the trademark registration application document is not submitted within the time limit, it shall be deemed that the priority has not been claimed.