Client has asked me to trade mark Brand X for use on a web site. There are no competing marks on the CNPTO but somebody already has a website up called Brand Xing (the same name as my client with an "ing" on the end). As an experienced China intellectual property lawyer, we often face such tough issues that unspecified by law.
They provide exactly the same service.
My client's mark is not in the stream of commerce. The competitor's is in the stream of commerce. In other words, the competitor is already using it.
We haven't used it yet.
If I get our trademark registered, does that mean we can force the competitor to stop using it even though he was using it first?