Trademark And Trade Names

Conflict is a general problem in the field of intellectual property rights, trademark and trade name are usually produce conflict. Professor Wu Handong said:"the conflict between trade name rights and trademark rights which is performance as a prior trademark is registered to a trade name. or a prior trade name is registered to a trademark. Professor Feng Xiaoqing thought "the different owners of rights has used the similar words that causes the consumer are confusing for the origin of commodity and service. Consumer then thought both the right owners are identical, or between both has some kind of specific relation, thus they buy the commodity or accepts the service by mistake that created right conflicts. I believe that conflict between trademark and trade name refers to the earlier registration of trademarks registered by others for the same or similar trade names or registered trade names registered by others for the same or similar text trademark, causing confusing sources for goods and services to the public.Conflicts arise between trademark and trade name, led to legitimate the violations exist, largely owing to the imperfections of the country’s legal system. Authorization mechanisms of dispersion between trademark and trade name; does not provide mechanisms for conflict resolution between trademark and trade name; the protection of trademark and trade name rights imbalances; the lag and abstract nature of the law itself.The famous trade name has been registered to other’s trademark or the famous trademark has been registered to other’s trade name frequently. Deal with the conflict properly is very important, on the one hand, both the trademark and the trade name are commercial marks and have invisible property characters, therefore, once the conflict occurred, it will harm the rights holders, especially their economic benefits, long-term looked, it could have the impact to our country economy healthy development in whole.On the other hand, the trademark rights and the trade name rights are the inalienable parts of our intellectual property rights system. The country under the law request us take the duty to improve the relevant specifications. We should ensure that the intellectual property rights system is scientific and reasonable. Finally, we should make the intellectual property rights system to be more perfect.This article will utilize the method of case analysis elaboration the causes and forms of the confliction. According to our situation, and learn the advantage of other countries’laws. State some opinions on solving the conflict problem from the source.This article has been divided into four parts.The first part lists typical case leads to conflict between trademark and trade name issues. And discussion on the conflict of trademark and trade name in theory.The second part compared with international treaties and related legislation in developed countries, find and summary the advantages of foreign laws for the following conflict resolution.The third part take into account specific requirements analysis of the shortcomings of the legal system in China, focused on the trademark law, unfair competition law regulations, business name registration requirements, State Administration for Industry and the relevant regulations.The fourth part give a couple of suggestions that deal with the conflict of trademark tights and trade name rights.