Conflict Between Right Of Buildings Trade Name And Right Of Trademark And The Suggestions To Solve It

Since the reform and opening, China has been making rapid progress in the development of the medium-small enterprises. With the growing of real estate and the deepening of cognition in real estate trademark, there are many typical cases of trademark tort arise in our country .In these cases, cases of building's name between trademark are in the majority and influence the real estate industry a lot. As it's not a long time these problems occur, the study of it is still at abecedarian stage either in theory or in practice .These is not much systemic research in this field. The present status of research doesn't assort with the station of real estate industry in macro economy.In these happened cases of real estate trademark, most of them are about the conflict between trademark right and building's name right or geographical name right. Many scholars have analyzed the conflict between trademark right and buildings trade name right from different points of views, but there are still some viewpoints should be deliberated. Some new questions, for example, conflict between building's name and the rest commercial sign, etc, haven't be systemically researched. Based on the conclusions that had reached, I try to analyze the conflict between trademark right and building's name right further and conceive the idea of settling the conflict between building's name and the rest commercial mark. After that, I bring forward some suggestions of how to protect trademark under the existing regulations for the enterprises in real estate industry.