Abstract: The establishment of the registration principle in Chinese trademark law leads to neglecting the benefit of the precedent user. This essay takes "labor theory" as the theory support of the opinion that "using is the rational base of acquiring trademarks exclusive right to use" analyzes the advantage and disadvantage of its registration principle and using principle, and proposes that trademark law should embody the rational benefit balance among the registered, the precedent user, the manager and the public. In the end, some rules that can embody the benefit of the precedent user, are designed.