On The Right Of Trade Names And Trademarks Of The Conflict

The conflict between the tradename system and the trademark system always confuses the people both in academic domain and in practice domain. Many rules have been constituted and adopted to solve the issue,but they don't get the prospective effect, there are many causes for the issue, for example, the interrelated regulation in china is not advanced, the traditional business registration law of the planned economy system doesn't adapt for the requirement of the market-oriented economy system and so on.thus, it is very necessary for us to study the issue again. This article first determines the nature of the tradename, and to the tradename and the trademark conflict performance, the type, the reason and so on performs to analyze. In in this analysis foundation, unifies the overseas legislation, the judicial practice,solved the trademark rights right conflict principle and the way to our country has carried on the discussion, hopes to scientifically establishe the reasonable conflict solution principle in the legislation, establishes the complete effective indeed power mechanism, and impels our country to legislate the system unceasing consummation and the develop.This article altogether is divided five parts.The first part is this article'foundation, mainly discusses tradename's origin, the concept and the nature. This article first determined the discussed tradename and commercial name, business name have the same meaning, already conforms to the international general procedure and our country's realistic situation .then,this article has analyzed the academic circles about trademark nature several typical viewpoints, think the company power the content concurrently has the personal rights and the property rights dual attribute,and it belongs to the intellectual property rights in the right type. It Is the quite comprehensive theory.The second part discussed the tradename and the trademark right conflict performance, and Divides into the right conflict between first the trademark rights and between the company power right conflict and in first the tradename power and the trademark rights right conflict.The third part discussed the tradename and the trademark right conflicted reason. First, as a result of benefit conflict,the right reciprocity and the legislation...