Research On Several Issues Of Conflicts Of Trademark And Enterprise Name

Since the case of trademark infringement between Wangzhihe Gourmet Food-Since 1669 and Beijing Zhihe Fermentated Bean Curd company was accepted by intermediate people's court of Beijing, conflicts between trademark and enterprise name have been increasingly and steadily rising up. Provisions of the Supreme People's Court on Issues Concerning the Trial of Cases of Civil Disputes over Conflicts between Registered Trademark or Enterprise Name and Prior Right was enforced on March 1st, 2008, however, some brief regulations only had define the application domain of the issue and the exact solutions on this series of problems are still an urgently needed research subject in administrative and judicial practice. This thesis starts by analyzing the form, cause root, nature and practical significance of conflicts of trademark and enterprise name and intend to conclude basic principles of the resolution which are the protection of prior right, prohibition on confusion, subjective mistake and balanced interest. Meanwhile, through further analysis of administrative and judicial resolution on conflict of rights, unfair competition rooted from misuse of foreign enterprise names, and problems occurred in the process of the dispute settling. Finally, suggestions relating to reducing conflicts of trademark and enterprise name, uniforming trademark and enterprise name, and reforming the existing enterprise name registration system and improving law of countering unfair competition system, and strengthening the construction of intellectual property right compensation system are proposed in this thesis.