Trademark And Trade Name Rights Conflict And Its Coordination

At present, the conflicts in the rights of trademark and trade name have become the headachy chronic illness for the circles of material object and theory, the issuance of all kinds of laws & regulations besides interpretations only are amendment and supplementary apparently. The comparability of mark and sign, the unable acclimation of the registration system of traditional planned economy to the requirement of the market economy and the diplex administrative systems besides defective cooperative system have caused that the cases of the conflicts between them have repeatedly happened. The profit attracting "hitchhiking" and "close famous" brand" in economy and the transfer of social structure have sharpened the strained condition of the conflict. The writer of the dissertation starts with the formation and nature of the trademark and trade name, on the basis of the analysis of the shown forms of 2 conflicts arisen by the use of the trade name as the trademark and the use of the trademark as the trade name and with the combination of practices, emphasizes to discuss the latest tokens and legal puzzlement related to the conflicts in the rights of the trademark and trade name caused by the changes of social structure and economic reform and development especially. At the same time, the writer deeply and comprehensively analyzes the reasons that cause the right conflicts between the trademark and trade name and the writer gives some tentative plans and suggestions about how to harmonize the right conflicts between the trademark and trade name, and the writer thinks that the trade name of upgrading material object or service mark should have the position of "onward right" and the harmonious and united laws should be established in legislation, the design of microcosmic system should be established and finally the right conflicts between the trademark and trade name can be avoided effectively...