The Trademark Rights Of Conflict Studies

As one of the three main traditional intellectual right, Trademark right has the particular function of sign propagandize, which make it has an important status in the domain of intellectual right. The conflict of trademark right is also becoming the most serious problem in intellectual right. In the past years, the conflicts between trademark right and enterprise's name right and the conflict between the trademark right and domain name right have become the most serious and complicated. Except for that, other conflict is also exist which is related to trademark right.In the present paper, I focus on the conflict of trademark right and the methods to resolve it. The whole paper includes four parts. In the first chapter, the conflict between trademark right and enterprise's name right was analyzed and the methods to solve the conflict were also suggested. In the second chapter, the conflict between the trademark right and domain name right was discussed and the methods to resolve the problem were raised. In the third chapter, we briefly expounded the conflict between trademark right and other sort right. In the forth chapter, based on the above analysis to the right conflicts, the basic principle and method to resolve the conflicts were brought forward. Under the direction of conflict resolve principal, we suggest that it should from the three ways of legislation, administration and judicatory to consummate the existing mechanism that was used to resolve the conflicts, so that the right conflict can be well disposed and the trademark law system will be more consummated, and the law of intellectual right will also be developed.