Legal Research For The Conflicts Between Trademark And Trade Name

In recent years, more and more trial cases concern trademark and trade name rights, the stipulations to deal with such conflicts are often seen in classified special laws, however ,such laws are not specific or practical. As a result, the laws don't have a identical standard to solve these relating conflicts. It remains a tough issue to eliminate such disputes in a practical way. Therefore , the writer think it necessary to do a theory research about the relating conflicts between trademark and trade name right. And then, we can consummate relating system to regulate our market order, eventually we can protect our knowledge property right and develop our knowledge property right properly.The first part of the thesis begins with a daily example that"CCTV1"was applied to register as a condom trademark. The writer analyses the differences between trademark and trade names as well as the concepts and characteristics of them, besides, the writer gives an exact definition for the trademark and trade name , and furthermore the thesis also ranges the rights of trademark and trade name. After considering the cause of the conflict, the writer thinks it is a certain profit conflict. At the same time, on the basics of the forms about the conflict between trademark and trade name right, the thesis deals with the background of the conflict and analyses the cause of the conflict from six aspects which includes theory system and law. In the following step, the thesis deals with another five issues about how to solve the present conflict concerning trademark and trade name. Finally, the writer make s conclusion that solving the issue of the conflict between trademark and trade name isn't an easy task.In the second part, the thesis deals with the standard of solving the conflict between trademark and trade name right. First, the writer investigate the international law items and see the judgment of solving conflicts between trademark and trade name right, that is, if the judgment standard is confusing, if the standard is weakened. On the other hand, the writer analyses the two our national standards--confusing standard or possible confusing standard and evil-intention standard, the writer then refers to the regulation of law and judicial practice to elaborate the significance and application of the two standards. The writer think we must adopt such a standard, that is , whether the trademark or trade name will cause a danger to confuse the public or whether there is a potential danger to confuse the public, the writer provide evidence to support the viewpoint. The aim of ensuring ill-intentional standard is to make it clear who is blame for the responsibility, eventually, we can set a regular standard—whether we should cancel or modify trademark or trade name in the course of judicial practice.In the third part , the writer elaborates the relating issues more practically. The writer also realizes that modification of law is a long-term and systematic project, which can't be fulfilled in a short period, after all, trademark right and trade name right belong to civil rights, it is also a kind of private rights. Therefore we can't interfere the conflict between them in an administrative way, instead, we must provide judicial aid to solve the issues. In this part, the writer raises three principals to solve conflict and analyze the application of them, then, the writer explains we should make law making as the prerequisite of solving the conflict, he also think we can add regulations to the tenth item of《Trademark law》as well as the ninth item of《Regulation for enterprise names》. On the basis of this , we can reform the registering system of enterprise's name to reduce the conflicts. Finally, the writer thinks judicial department must function well in dealing with the conflicts between trademark and trade name right. Furthermore judicial department should motivate law making and improve administration. We must make full use of the present law to cancel such disputes, at the same time, we should also make correlative law explanation. The thesis analyses the law foundation for such conflict, then it elaborate the issue how to deal with such disputes in the course of judicial practice. Lastly, it analyses whether the law can judge changing or ceasing using the trademark or trade name, expecting it will help solve the conflicts between trademark and trade name right in judicial practice.