The Research On The Conflict Of Real Estate Trademark And Enterprise Name Right

In recent years, with the socialist market economy developing, the case that trademark right conflicts with the enterprise name right is increasing in the real estate.These disputes not only infringe upon the related obligee’s legitimate rights, but also disturb the normal economic order, resulting in the serious social consequences, especially for the orderly development of the market economy.In this article,we discussed the basic theories about the right of trade mark and the name right of enterprises in this thesis.And then,combined with the case of "Chongqing Tianjiao",we analyzed some relevant policies and proposed some solutions to similar conflicts.This thesis includes the following parts.First, we discussed in detail the two rights and analyzed the differences and similarities between them in order to tell the two from each other clearly and make sure what connections they have.Then, we began to discuss the present situation of the conflict between the right of trade mark and the name right of enterprises so as to figure out the internal and external causes.In the next chapter, based on the case of "Chongqing Tianjiao" figured out, we mainly discussed three policies concerned to solve the conflict:To protect the interests of prior legal rights; the determination of confusion; special protection to reputed trademarks. We also did sone research of the present situation of this problem in some foreign countries, hoping that we can learn something to help establish an effective system to solve the conflict between the right of trade mark and the name right of enterprises.In the last chapter, we proposed some advice on preventing similar conflicts.