Conflict And Resolution On The Right Of Trademark And Trade Name

Trademark is a symbol used to distinguish one product or service from the others while trade name is a symbol used to distinguish one trade entity from the others. Since both of them have similar nature as commercial symbols, it's not easy to distinguish trademark from trade name. While such trademarks or trade names with legal forms are attached to different subjects, a series of interest conflicts occur, which is the conflict between trademark and tradename. It is intractable for practitioners and theorists to resolve such conflict in the present time. Based on the current status of trademark and trade name protection in China, the author will make an unprecedented analysis on the solution of the conflict with the method of comparison in the dissertation.Besides preface and conclusion, there are five parts in the dissertation.Part 1 the right of trademark and trade name, which is the foundation of the article. Herein, discussing the conceptions, origins, functions and relations of trademark and tradename, the author holds that it is the similarity in nature and function between them that leads to ambiguity between some trademarks with some tradenames, to confusion among customers and then to such conflict between them.Part 2 forms and causes of conflict. Herein, the author discusses seven forms of conflict and analyses the causes in some aspects, such as right, law and interest.Part 3 status quo and problems in conflict solution. With the introduction of prevailing laws and regulations related, a current situation about protection of tradename right is analyzed and some flaws are demonstrated.Part 4 legal systems of trademark and tradename in other countries and areas. Some legal systems of trademark and trade name in USA, German, Japan and Taiwan are introduced and it's desirable for China to learn something from such countries.Part suggestions for legislation. Based on the actual situation of China and relevant perfect regulations of other countries and areas, the author gives some suggestions on developing the legal systems of trademark and tradename in China.