The Theory Of Trade Name Right And Its Legal Protection

Internationally, in view of the importance of the right of tradename,developedcountries in legislation, no matter put the tradename right under the special protectionof the commercial code, also with the trademark law or the anti-unfair competitionlaw, and other laws to protect them with the right of tradename, mostly have formed acomparatively perfect tradename right protection system. However,in our country,until the market economy increasingly advanced today, although the tradename rightappearing more disputes, we do not have a set of effective legal system to protect thelegal rights of the right holder. At present, due to lack of theory, Chinese academiccircle even can not firm the basic concept of "tradename",and the definition oftradename right still have a lot of different opinions. Theory is the cornerstone ofpractice, only theory ever-improving can make guidance to the cause of the problemin practice and find out solutions. In view of this, this article attempts to base on thecomparison and analysis of existing tradename right theory,clear concept of thetradename and the tradename right’s concept, nature and content, and in order toprovide theoretical basis for the following-up methodology research of legalprotection; in addition, the expectations in the international convention for the rightof tradename and foreign legal system in the comparative study, can gain some usefulexperiences for reference, and combined with actual situation in China, building a setof apply to our country,to be able to fully protect rights and extinguish the inferno’stradename right legal system.