The Conflict Between Trade-Mark And Trade-Name And Its Solution

Recent years, with the intensification of the competitive situationbetween the continuous development of the socialist market economy andinternational and domestic markets, more and more attention has been paidto the use of trademarks and trade names to obtain a competitive advantage,and has achieved good results. At the same time, due to the good reputationof trademarks and trade names, and the great role of access to marketcompetitive advantage, as well as "free riders" in the economicinducements, resulting in the case of intellectual property rights relating tocommercial logos conflicts frequently appear. Bear the brunt of the conflictin which, trademark and trade name rights, is one of the most prominentphenomenon, and become the focus of attention of academics andpractitioners.Trademarks and trade names are commercial logos, with the hardoperation and training, are an important carrier of enterprise goodwill. Bothmay occur in the composition of the same or similar circumstances.However, they also has a very similar at both the functional for enterprises,which provides intrinsic motivation for trademarks and trade names to aconflict of rights. There is not enough coordination in authorization system,plus driven by economic interests, making the "free riders","near thefamous". Many possessors of the legitimate rights and interests havesuffered damages; the imperfections of the system also makes a number ofbona fide business subject inadvertently violated another person’strademark or trade name right, leading to the conflict of two rights.Specifically, the conflict of trademark and trade name rights embodiedin the following forms: Using the same business firms or similar text of others registered as a trademark, causing confusion or misidentification ofthe relevant public awareness of trade name owners and trademark holders;using the same or similar text as registrated trademark of business firms, tocause confusion or misidentification of the relevant public awareness oftrademark holders and owners of business firms.This paper selects the field of conflict in the authorization process oftrademark as a research perspective, using functional analysis oftrademarks and trade names, ordinary firms and the effectiveness of thewell-known firm type of analysis method combined with the basic theoryof intellectual property rights in conflict analysis of multi-level reasons fortrademark and trade name rights conflict; and then through a comparativeapproach, drawing on foreign experience, pointing out the shortcomingsand deficiencies in China’s legislation, and to make recommendations forthe improvement of our legislation; concluded that to resolve trademarkand trade name. The fundamental way to the right to conflict, throughcontinuous improvement of legislation and adhere to the principle ofbalance of interests, in the judicial process to achieve, and justice should beapplicable to the principles and approach to explore.The first chapter briefly introduces the basic concepts of trademarksand trade names, further analysis on the basis of two rights of trademarkand trade name rights, the last from its commercial functions, elements,made way, the force of law, applicable law, the angle a detailed analysis oftwo rights in common and differences.The second chapter makes functional analysis and access systemanalysis of trademarks and trade names. Commercial logo recognition isthe prerequisite and basis for a marked recognition, quality assurance, andadvertising functions. Trademarks and trade names of functional overlap isa trademark with the earlier firm root causes of conflict. Trends intrademarks and trade names are long-term joint use and integration ofcommercial logos, the two elements more prone to be confused with, plusobtain a system of mutual disharmony, and ultimately lead to the frequentoccurrence of conflicts of rights.The third chapter, on the firm type of analysis to distinguish betweenordinary firms with well-known firm, to analyze the connotation of the special protection of the well-known firm, practical reasons and theoreticalbasis for the establishment of a special protection system. Also abroad andChina’s relevant legislation, and through comparisons of the inadequaciesof the existing relevant laws and regulations, provide bedding behind theconflict resolution.The fourth chapter is written is indeed the right course of trademarkwith the prior firm the right to conflict, the conflict of rights, concepts andcharacteristics of the analysis summarized classification, then themanifestation of the conflict of trademark and trade name rights. Finally,analyze the causes of the conflict, the vulnerability of China’s currentlegislation is one of the important reasons as much as possible from theinitial configuration of the right to improve the legislation, Legislation andjudicial means a combination is the trademark and trade name rightfundamental approach to the conflict.The solution of the conflict in the fifth chapter of the trademark andtrade name rights, this article the most part focuses on, rely on legislativemeans and judicial means, in order to solve the problem of conflict ofrights. First put forward legislative proposals for reconstruction of thetrademark and trade name rights conflict coordination mechanism,including: the development of specialized firms, improve the "TrademarkLaw","Anti-Unfair Competition Law","Registration of Enterprise Names"legal system and so on, and then described the settlement of the conflict inthe right to trademarks and trade names should follow four principles: theprotection of prior rights principles, the right balance and the principle ofbalance of interests to prohibit confusion principle and well-known symbolof the principle of special protection. Finally, a judicial solution of theconflict of trademark and trade name rights.In short, I hope that through this analysis, drawing on the legislativeand judicial experience of the international community, a comparativeanalysis of the problems in the existing legal system in China, put forwardis indeed the right process effectively protected the legitimate rights oftrademark and trade name rights conflicts under solution.