Harmony Between The Trademark Right And Trade Name Right Conflict

As the development of the socialist market economy, a lot of enterprises areestablished gradully.The range of the market trading become bigger and bigger. Thetrademark and trade name are infringed more than before. The conflict between theright of trademark and firm is also revealed gradually. The conflict of trademarkrights and the trade name rights includes accidental conflict and deliberate conflict.The reason why trademark rights and the trade name rights has conflict that issimilarity in their function and effect. The subjective reason of their conflict which ispart of the operator to pursue the high profits. The imperfect legal system is theobjective factors of the conflict.In order to coordinate the conflict between trademark right and trade name right,should learn from foreign to solve the conflict of two related mechanism the practiceexperience, recognize our country nowadays about solving the conflict of twoprovisions of the defects and shortcomings, we should perfect the legal system of ourcountry, first established to solve the conflict of two basic principles, namely,protection, prohibit confusion and prior rights prohibited malicious use and follow thefour basic principles of interests balance benefit, secondly to improve the conflictresolution procedure, the judicial relief; finally, entities in the legislation, from thelaw level and system level to make specific provision, to achieve the purpose ofprotecting the trademark and trade name and integration.