Can a design that has been patented by others be used to apply for registration as a trademark?

Article 9 of China's Trademark Law stipulates: "A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others." At the same time, Article 32 of the Law stipulates: "The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by improper means." It can be seen that whether the trademark registration application can be authorized needs to meet the following two conditions. First, the trademark itself must have distinctive features and be easy to identify; Secondly, trademarks cannot conflict with the legal rights obtained by others in advance. Therefore, it is an infringement for an applicant to apply for trademark registration for a design that has been patented by others. Of course, if the applicant and other rights holders reach an agreement on the use, they can use the rights of others.