A Study On The Legal Solution Systems Of Conflicts Between Trademarks And Trade-names Rights

Following the knowledge property to substitute for the tangible property to become the social center property gradually, the conflicts between intellectual rights are becoming strong day by day. But in each kind of conflicts between intellectual rights, the trademark and trade-names right conflict question is more prominent. For all this, conflicts between trademark and trade-names right has not been able to obtain the properly solution actually in the existing related legal laws and regulations in our country. This article attempts in to respect our country characteristic foundation between trademark and trade-names rights in conflict, fully inspects the world advanced to set up the legal regulation, from the judgment standard of conflicts between trademarks and trade-names right, the solution principle, the solution legislation pattern and so on legal advices, thus the further consummates our country' s solution systems of it.The full text altogether divides five chapters, main content as follows: First chapter to define " the conflicts between intellectual rights ", "the trademark", "the trade-names " as well as "the conflicts between trademark and the trade-names right " and so on the correlation concept carries on the nature, the reasons, the constitution important document aspect carries on the elaboration, further launches the discussion forthe later word in on the conflicts between trademarks and trade-names solution mechanism to make the upholstery. Second chapter, third chapter, the fourth chapter separately discusses separately from three aspects. Second chapter discusses trademark and trade-names right conflict judgment standard. In inspects domestic and foreign sets up the legal regulation in the foundation, analysis "confusion standard" the rationality as well as introduced its theory development, points out "the subjective malicious standard" being short of. Third chapter discusses trademark and trade-names right conflict solution principle. In the inspection international advanced legislation and in the theoretical analysis foundation, pointed out "protection in prior right" principle is necessary and restrictive when melting in trademark and trade-name' s right conflict question, proposed should establish the corresponding benefit coordinated mechanism. Fourth chapter discussion trademark and trade-name right conflict solution legislation pattern. To adjust the trademark and trade-names right conflict, after the introduction various countries different legislation pattern, two kinds of legislations pattern namely to establish separately the pattern and the unification pattern fit and unfit quality has made the comparative analysis. The fifth rules have carried on the inspection analysis to our country existing correlation legislation condition, and proposed the concrete legal advice on our country trademark and the trade-names right conflict solution mechanism: Should in pay attention to our country national condition characteristic in the foundation to profit from on the international advanced experience, forms to the trademark and trade-names right conflict solution mechanism.This article innovation mainly lies in: Accepts the generalized intellectual property rights right conflict concept, in this foundation, in view of our country trademark and trade-names right conflict question solution mechanism consummation, proposed further consummates "theconfusion standard" in the trademark and trade-names right conflict judgment" standard, abandons "the subjective malicious standard" thoroughly; In principle, should establish the benefit coordination mechanism in the right conflict solution, by "the right proper attention to both" principle and "the right balance" principle ; Thought should implement the trademark and trade-names in the legislation the integrated protection, soon the trademark law suitable revision, carries on the unification adjustment to the trade-names. The reason lies in that the two has the enormous similarity as commercial marking, also our country trademark law system has been complete, but trade-names power legal protection then lacks extremely. This way can effectively use the existing legal system resources to melt in the right conflict question.