Legal Research On The Conflict Between Trademark Rights And Name Right

In recent years, with the further development of market economy and theintensify of market competition and increase of the market main bodies’ awarenessabout brand, right of personal name and right of trademark conflict cases appearfrequently. If such disputes cannot be properly solved, it will not only make theholders sustain losses, but also damage the interests of consumers and make thenormal order of market in chaos. Therefore, it is necessary to study the issues ofconflicts between right of trade mark and right of personal name and to perfectrelevant systems, to standardize the economic order. This paper is mainly on how tosolve the conflict of trademark right and name right. Firstly, it analyzes the concept,property and the relationship between the trademark right and name right and thencombs and analyzes the forms of conflict of trademark right and name right in ourcountry and the cause of them; finally, it puts forward the followed principles andspecific measures to solve two rights conflict aiming at the problems in our country.This paper is divided into three parts.The first part is about the present situation of the conflict of trademark right andname right. In this part, it mainly analyzes the forms and dangers of conflict intrademark right and name right. First and the foremost, the meanings oftrademark,right of trademark, trade name, right of trade name have been described,and the relationship between the trademark right and name right has been compared;secondly, the six forms of conflicts of trademark right and name right in practice andits harms.The second part is analysis of the cause of the conflict in trademark right and name right. The author discusses the issue in terms of the imperfect legal system andthe causes in practice. Although the trademark law and related legal regulations onconflict of trademark right and name right remains to be optimized, the trademark trialstandard has clearly entailed that the application for trademark registration can’tdamage the provisions first time. The author mainly makes comment to the trademarktrial standard. Cause of conflict of trademark right and name right in practicecontains high similarity between trademark and name elements and functions, drive ofeconomic benefits,poor consciousness of first name rights protection and imperfectexisting trademark review mechanism. It laid a foundation for the following conflictresolution methods.The third part is solution of the conflict of trademark right and name right. In thispart, the author first of all to present the standards of conflict of trademark right andname right. Secondly, the followed principles that should comply with the principle ofprior right protection, honesty and credit, and interest balancing to resolve theconflict of trademark right and name right has been cleared. On the basis of theseprinciples, aiming at the imperfection of legislation in our country, the author putsforward the concrete proposals to perfect the trademark and name conflict resolutionmechanism, mainly including: specifying name and trademark in laws, defining thescope of prior rights in trademark law, strengthening the legal consciousness of nameright people and improving the trademark review mechanism.