How to deal with the conflict between trademark right and exclusive right of design?
Trademark right and design patent right are important intellectual property rights, which are protected by trademark law and patent law respectively. The acquisition of these rights shall follow the principle of good faith in the general principles of civil law and shall not infringe upon the prior rights of others. Where a registered trademark infringes on the design patent right previously obtained by others, the patentee of the design may request the Trademark Review and Adjudication Board to make a ruling to revoke the registered trademark; Where a patent right for a design infringes on a previously registered trademark of another person, the trademark patentee may revoke the patent right through the Patent Office or the Patent Reexamination Board in accordance with the legal procedures for revoking the patent or declaring the patent invalid. 【 Legal basis 】 Article 3 1 of the Trademark Law; Opinions of the State Administration for Industry and Commerce on handling the power conflict between the exclusive right to use a trademark and the patent right of design.