The Legal Protection Of Trade Name In Franchising

Commercial Franchising is a mature and modern business model which is adopted by the business all over the world with its powerful ability to replicate and expand.Although this business model in China started late, but now has penetrated into all civil areas.Because of the strong vitality,Commercial franchising will become the mainstream business model of21st century.The "Regulation on the Administration of Commercial Franchises" promulgated by our State Council in2007bring our management of the commercial franchises into a new legal system, so the legal regulation and protection of the commercial franchises becomes very important.The legal protection on the right of trade name is a problem in commercial law. Every commercial subject must have a legally registered trade name to engage in external business activities, the one in franchising is the same that it is not an exception.But in the field of franchising, the legal issues related to the right of trade name is of special which should be solved specially.The franchisor and the franchisee are commercial subjects which are independent of each other,but in a unified franchising system, they are also communities of interest.The franchisor and franchisee take a common brand as trade name and use it in plaque and advertising.Therefore, the legal protection of the right of trade name is a crucial problem for both of the franchisor and the franchisee.How to protect this special type of trade name and solve the legal problems raised by the conflicts and abuses of the trade name is the purpose of this study.Through the analysis of some typical cases which are true in this thesis, we can sum up the legal problems exist in the protection of the right of trade name in franchising.On the one hand is the legal problems exist in the process that the franchisor and the franchisee use the trade name.On the other hand is the legal problems caused by the conflict between registered trademarks and trade name in franchising.Each of the problems are composed of concrete small issues.The achievements on research of this thesis is to give some suggestions to improve the legal system of protecting the rights of trade name by comparing the theory,legislation and judicial practice domestic and foreign.Including the recognition of the attribute of trade name which is a kind of intellectual property and make a special legislative protection, the establishment of the record and inquiry system of the trade name in franchising and the integrated protection of the rights of trademark and trade name.On this basis, put forward legal solutions to solve the problems in the protection of the trade name in franchising one by one.This thesis is dedicated to the research of the problems in the protection of the trade name in franchising,ranging from commercial law, intellectual property law, competition law and other fields.The legal gaps are found at the intersection of the commercial franchise and the protection of trade name from a comprehensive perspective,legal suggestions and solutions are given in this paper.