Research On The Rights Conflict Of The Trademark And Trade Name Right

In recent years, China’s economic is developing rapidly,a variety of goods andservices flood into the market, the same kind of goods always have different producers,which one should consumers to choose? At this moment Trademark plays the role ofsigns, because trademark carries the goodwill of a business and consumer confidence.Inthe market competition also it plays an irreplaceable role. Every producer want theirown products be known by more consume. Many companies have invested a lot intoadvertisement so that consumers know their products, but there are some dishonestcompanies want to sell their products by take a shortcut through the "free rider"behavior with someone else’s trademark, which disturb the market order and consumerdamage. This is the most common form of expression of trademark infringement cases.With the growing knowledge of the law for businesses, this type of infringement is notso much,and another trademark infringement appears gradually. This type registerother’s business name, domain name, business slogan, indications of source and someother commercial tag as their own trademark. This behavior is not direct trademarkconflict, but it is also a damagement to legitimate rights. Recent years, the right of tradename and trademark conflict cases is appeared frequently, it can not be dealed by theexisting law. This article will study from the conflict reason of trademark and tradename,the right type, improvements related legal issues.There are many reasons which result the right conflict of trademarks and tradenames.In the deepest sense with the conflict of rights is the same qualities, that is, thesame object, relative different body, different legal right conflicting. This is the natureof the conflict of two rights, placed on the right of the trademark and trade name right.Itis also applicable to trademarks and trade names.There are so many same elements intrademark and trade name, element similarity is the most important reason for conflictof rights, another reason is the consistent function, both an advocacy role. In addition,the unperfect legal system in China is an important reason, which makes the trademarkand trade name rights cases of conflict occur frequently.Based on the different causes of the right conflict of the trademark and trade nameright.In this article, author distinct the type of the right conflict delicately. The subjective will be considered as an important factors in type dipartition, and on the basisdivide the type to coupling conflict and malicious infringement. And meticulousdivision where malicious infringement of trademark infringement and violations of theright to firm behavior. To take this type of division would like to clarify the rights oftrademark and trade name right kind of conflict,in order to find an effective method tobe regulated.Except of some basic theory to explain on the conflict of rights of the trademarkand trade name right, the article also introduces several important representativelegislation, which contains different legislative situation of civil law and common law.Sunnary several main theoretical and legislative mode are drawn from the variouscurrent national conflict of rights of trademark and trade name right. On this basis,integration of the pros and cons of the various theories and put forward some feasiblesuggestions on resolving the trademark and trade name right, in order to maximize theimprovement of both conflict of rights legislation. Including the establishment of aunified retrieval system, integration managers and dispute settlement authorities,enhance their own precautions. These recommendations based on the practice, but alsohope to be able to provide solutions to practical problems.