Understanding and Application of “Being Already in Use” Mentioned in Article 31 of the Trademark Law

According to Article 31 of the Trademark Law as re- vised in 2001,In trademark application,one should not pre- emptively register a mark that is already in use by another party and has certain influence;it is also provided in Article 41,paragraph two that where a registered trademark stands in violation of the preceding provision,the owner of the mark