Trademark And Trade Name Rights Conflict Research

The conflict between trademarks and trade name is growing because of the similarities between their structure and function, the regional character of administration and protection, interest-driven, and the faultiness existing laws and regulations, etc. Owing to the lack of legal basis of how to deal with the conflict between the trademarks and trade name, we regard violations of unfair competition as conflict of rights, so the legal rights can not be protected, while the illegal action can not be sanctioned. As to solve the conflicts, we should adhere to the principle of protection of earlier rights, prohibition of confusion, balance of interests, good faith, and fair competition. We must improve the laws and regulations, increase the cost of bad faith, reform the registration administration mode of enterprise name, establish a unified cross-retrieval system of trade names and trademark, strengthen the integration of trademarks and trade names.