Trademark And Enterprise Name Rights Conflict Resolution Mechanisms

The trademark means identify marking the executive uses in the merchandise or the service which can differentiate merchandise or the service of their own or others'. The business enterprise's name is constituted of the administrative area, characters, profession or management characteristics, organized form. Name of the enterprise name is the most personal part of it. Trademark and business enterprise name all belong to an intelligent property right. Because the knowledge result has invisible characters and can be subjected to a benefit, and can't be in the control of occupying material form and expel others, so the right conflict produces. Lack of lawmaking and approach of knowledge-based economy ages turned worse the strain of two right conflicts. In recent years, the court of the people in everyplace took up in great quantities of this kind of the case, accumulating a few of experience. But, dispute still exists.This text tries to have a help to the judicatory practice by making analytical of the groom Xinaoer Group incorporated company sue Wenzhou groom Footwear limited company and this compare typical model case of accused Chen yongchai infringement of trademark registration and is malfeasance competition. The article is divided into five parts: the first part is the cause of action.The second part is on the case, The third part is the broad focus of the dispute. Part IV is the differences and views. Part V is the conclusion of the study.Mainly there are three controversy focuses in the case of the groom Xinaoer: Reason of refuting, confuse of affirm and the untaking method of the infringement responsibility. Among them, two ex-controversy points belong to a familiar problem of this kind of case usually between both parties' dispute, the third controversy's ordering take inquiry into verdict method. In the type's case, the accused usually refuting that his own right obtained by legal method, we should discuss whether that refute can establish effectively. But for confuse of affirm; because of lacking of the overall and explicit standard of lawmaking affirm results differ very much, which need us to establish a comparatively overall standard. Mainly there are three kinds of the undertaking methods of infringement responsibility in the judicial fulfillment. Regulate the use of enterprise' names, to stop using the name and ordered to change enterprise's name. How should these three kinds of infringement responsibility methods use need to be given definitely.By the analytical argument to three above problems, the writer thinks refute reasoned meet law provision, only the right legality obtained after don't come to exist. For confuse of affirm the writer put forward a comparatively overall standard. Explicit three kinds of values of verdict method and its application scope and put forward some suggestions which solve trademark and business enterprise name conflict on the root of the foundation of the former thing.