The Legal Protection On Trade Name Right

Trade name plays important role on many fields in modern society, such as protecting the commercial subject's benefits and stabling the marketing system. But inn our country, a legal system on professionally protecting the right of trade name have not been established and some existing rules on this subject have their shortcomings, which was the main reason on why we are not in the same step with the world. Meanwhile, protecting the right of trade name by establishing the perfect legal system is the urgent requirement for the development of the market economics. This dissertation defines the trade name and the right of trade name, analyses the conflict and adjusting between the right of trade name and the relevant rights, and through the international comparison on the legal protection of this kind of right, I propose my own view on how to make further progress on the legal protection of the trade name right in order to make my little contribution on building the legal system of the trade name right. Totally there are five sections in the dissertation:Section one: With the beginning of the basic knowledge of law, the thesis introduces the trade name's originals, the definition, the function and its value. The trade name right's basic description and the characteristics are also stated. And the dissertation makes the comparison between the trade name right and the trademark right. These make a good preparation for the following content.Section two: With stating the current legislation system of foreign countries and international organizations, including the system of Taiwan province of China, the dissertation analyses the basic characteristics and the principles on the legal protection of the trade name right.Section three: Through analyzing the China's legal protection on trade name right, including the developing process, the thesis points out the shortcomings, including not clear in legislation and the rather low protection standard. And my own view about the legal system is settled.Section four: as the most important part of the paper, this section proposes my suggestions on how to perfect the legal protection of trade name right, including the thought and principles on perfecting it and stating how to establish the legal system and the other systems. The principles include the prior right, anti-confusion and anti-dilution. Then in the dissertation, it is suggested that changing various names to"the trade mane" and establishing the system of freedom of choosing trade name and keeping on record. It is also proposed that we should set the recognition standard on famous trade name, make the rules on anti-dilution and build an overall remedy system.