if a design patent right is found to be in conflict with the legal rights that others have obtained before the application date, it shall be declared invalid.
"obtained before the filing date" means that the prior legal right was obtained before the filing date of the patent involved.
that is to say, the "acquisition date" of the trademark right is before the "application date" of the patent, which constitutes a conflict; Otherwise, the authorization of the design patent will not be affected.
a trademark is still in the application stage, and I don't know whether it can be authorized, so it can't constitute a violation of rights.