The Right Of Trademark And Enterprise Name Conflict And Legal Solution

In recent years many relevant trademark rights in China and enterprise name right infringement and unfair competition disputes cases exist massively, impacting the order of market competition, worsening the market environment. At present in our country the relevant laws and regulations for the absence of the conflict between the guard and the adjustment are confusion in the judicial practice. From the trademark rights and the nature of the enterprise name right, causes of conflict, and forms of expression, this paper expounds the nature of the trademark, and the nature of the enterprise name right, and the conflict of the rights, analyzes the legal trade mark and enterprise name right of subjective and objective of the conflict between the two aspects, summarizes the trademark and enterprise name right conflict forms of two of the use of the trademark name and name of the trademark use. Through comparing the trademark rights and enterprise name right solution of the conflict between the legislative system at home and abroad, this article expounds and analyses the international convention and the relevant legislation in Europe, learns from international advanced practice for the legislation of our country. Detailed analysis of the international conventions, "prior right" and "prior right" of the conditions of the provisions in Europe and the states of the enterprise name on the comparison of the legal status; expounds the standard right and enterprise name right conflict legal system, the domestic and foreign law, the enormous differences and bad influence internationally. Through the trademark rights and enterprise name right of theoretical analysis of the conflict, from the aspects of legal name "embarrassing" legal status, this article summarizes the processing trade mark and enterprise name right three basic principles of conflict. Based on the trademark rights and enterprise name right conflict the five kinds of specific legal solution are put forward. For the trademark rights and enterprise name right conflict, two legislation suggestions are proposed:to strengthen the administration of enterprise name brand and the legislative proposals to the implementation of the institutions and strengthen the protection of enterprise’s name the legislative proposals.