Research Of Legal Problems On Trade Name

Trade name is the designation which the commercial subject indicates himself in the commercial activities, but also one of the main commercial core of the evaluation. The commercial subject uses the trade name as an important symbol of himself. With the rapid development of social market economy, trade name is also develops rapidly in China. The importance of trade name for the commercial subject is highlighted more and more. The thesis through analysis of international trade name legal systems and legislative experience, analyzes the current situation and inadequate legal protection of trade name, gives a series of proposals to perfect our legal of trade name.By using the methods of comparative study, theory combining with practice and standard development approach, this thesis makes a systematic study on trade name from the following three chapters.Chapter one, the write expatiate on the basis concept of the law system of trade name, which establish the foundation stone in order to erect a distinct and scientific law system of trade names. In different country and different times lots of appellations are used to denote trade names. There is no universal definition of a trade name. The term is being interpreted differently under the laws of countries. According to the actually and economic situation in the world, the write define trade names as the designation which the enterprise indicate himself in business. A trade name differs from a trademark, a name of enterprise, a commercial name. Through comparing these three different commercial conceptions, we take a fatherly understanding on the trade name. Nowadays, people pay more attention to the evaluation of goodwill, but neglect the evaluation of trade name which is more important than the former in fact. So, the paper analyses the question of evaluation of the trade name comparing with the evaluation of the goodwill and trademark.Chapter two states the evolution of the law system of trade names. Firstly discussing the protection accorded to trade names in different countries of the world—Germany, Japan, American, Britain. Legal systems of trade name of Germany and Japan represent legal systems of foreign countries in Romano-Germanic law family. Legal system of trade name of American and Britain represents legal systems of foreign countries of Anglo-American law family. Then, the write briefly introduce and evaluate legal systems of trade names about international agreements. After these the writer summarizes the excellences of foreign legislations of trade name, which is to be worth studied in our country trade name's legislation. Through discussion to this chapter, the goal is to provide plenty resources of legislative examples for perfection of legal system of trade name of our country.Chapter three is about legislative suggestion of perfection of legal system of trade name of our country. Legislative circumstance is completed by introducing provision about legal protection of trade name of our country in foreign periods. Judicatory circumstance is completed mainly though nowadays moots in judicatory of our country. The paper points out the shortness of the circumstance and analyzes the reasons which the circumstance takes place on the base of former discussion. In the end, the write presents theoretical conception and legislative suggestions. In theoretical conception, the write points out our country should set up new conceptions of trade name and present law standing structure about legal protection of commercial name of our country. In legislative suggestions, the write enumerates seven contents that are at once provided by legislation.In one word, to establish perfect trade name legal system is the effective method to promote the development of commercial trade, to protect the rights and interests of commercial subjects and consumers. We should exert all our strength to strengthen theoretical study of relative policy, to advance the legislation of trade name and to construct the trade name legal system with Chinese characteristics.