The Legal Protection On Famous Trade Name

Famous trade name is the enterprise name which enjoys high reputation and is well known to a lot of people. In real life, we can see such a phenomenon: many enterprises take the words which are same or similar with existing famous trade name as their own business name, trademark and so on, trying to take advantage of famous trade name's existing strengths, enhance their competitiveness. Many scholars call the phenomenon as "the right conflict."The author believes that this right conflict is largely due to our lack of trade name protection system. Although there are many laws and regulations in China are involved in protection of the trade name, their protection content, and protection methods, operability, etc. are all with a huge flaw. This has led to the right of trade name to a disadvantageous position in practice. The so-called Conflict of Rights is not really the conflict of two substantive legal rights, but rather a tort against the famous trade name.Such violations have caused tremendous damage. The protection the interests of famous trade name has been pressing. Therefore, it is necessary to reform the existing firm protection system, strengthen the protection of trade name. Many scholars have put forward the proposal to expand the scope of protection. However, the author believes that trade name should not apply same protection; they should be treated differently. This paper discusses the above issues and explores the feasibility and necessity of the special protection system of famous trade name.The study methods are the follows:First, practice research. The thesis indicates the status of famous trade name violations through case materials, and then opens out the further study on those bases.Second, classify. The famous trade name violations are classified in this article.Third, compare. After comparing the theory and cases from other countries with China's, this article puts forward some suggestions.The last, analyse the meanings of the bills in force.The thesis is composed of four parts:The first part is the interpretation of basic concept. The author elaborates on the concept of trade name and famous trade name, and compared famous trade name and common trade name in the functional differences, in order to provide the basis for the discussion below.The second part introduces the well-known conflicts between famous trade names and related rights, and then analyzes the reasons generated by the system. On this basis, the author puts forward the views of the substance of right conflict.The third part elaborates on the special protection system on famous trade name. The content includes the meaning of special protection, theoretical basis, practical reasons, and why common trade name does not apply special protection.The fourth part puts forward the idea of special protection systems. The author describes the existing foundation, and then put up with the ideas about building a special protection on famous trade name.