Trade Name And Trademark Rights Conflict Research

Cases involving the conflict between the right of trade name and the trademark right have shown a tendency to increase. The complexity of the cases and the inadequacy of legislations have caused controversies over many issues in this area among scholars and judges. They also make it relatively difficult to deal with disputes in this regard in reality. This assignment starts from a real case, explores the conflict between the right of trade name and the trademark right theoretically and practically, analysis the existing circumstances and problems in legislative and judicial terms. Referring to the corresponding prescripts of other countries and focusing on the institutional defects of this conflict of rights, it then provides rules and procedures that should be followed when it comes to problem-solving and points out matters that should be noticed in judicial practices. It is also suggested in this assignment that the-right–of-trade-name-and-the-trademark-right-dispute resolution system should be rebuilt through three stages. This assignment, therefore, has theoretically and realistically fundamental importance in solving corresponding disputes, regulating behaviors of market participants and maintaining a fair and faithful market order.This assignment looks at the conflict between the right of trade name and the trademark right from four aspects.The first chapter is a brief introduction to the trade name and the right of trade name.The meaning of the trade name and the right of trade name is the premise and the foundation of this assignment: the meaning, contents and legal properties of the trade name and the right of trade name are clarified by illustrating the relationship among the trade name, brand and the name of the enterprise. The links and differences between the trade name and the right of trade name are also particularly mentioned here. It is considered that trade name is an essential part of the name of commercial subject, and important indicia for distinguishing products or services of commercial subjects and bearing their business reputation. The close relationship between the trade name and the trademark grounds for the conflict between the right of trade name and the trademark right. The right of trade name is the right of commercial subjects to the trade name,...