The Right Conflict Of Registered Trademark And Enterprise Name And Its Solution

In recent years, the conflicts caused by the registered trademark and enterprise name right have been emerging in an endless stream and intensifying. Well-known enterprises and trademarks such as "Zhang Xiao quan","Tong Ren Tang","Hendry","Jin hua ham","Meng niu" have run into this kind of dispute. Lack of relevant laws and regulations, as well as economic interests, lead to a growing number of "hitchhike" behavior. Disputes of registered trademark and enterprise name right conflict, not only erode the enterprise’s legitimate rights and interests, the interest of consumers also suffers, and the disputes have affected the order of market competition and deteriorate the market environment. Therefore, conflict of right of registered trademark and enterprise name has become an unavoidable and urgent problem of intellectual property protection to been solved in china.This paper consists of three parts:introduction, body, conclusion, the body is divided into three chapters.The first chapter mainly about the source of registered trademark and enterprise name right and the cause of conflict. This chapter starts from emerging of two rights as well as their relationship and differences, then analyzes five reasons and three forms of the conflict, providing a theoretical basis for further discussion below.The second chapter is "the recognition of registered trademark and enterprise name of rights conflict and its solution". This chapter discussed two major factors in the determination of trademark right and enterprise name right conflict and principles that should be followed to solve the conflict, combined with classic case to do some empirical research, focusing on several key problems in solving this kind of conflict of rights.In the third chapter, after a comprehensive analysis of deficiency in the laws and regulations of our country, the article put forward to some suggestions regarding the solution of China’s registered trademark and enterprise name right conflict, including establish the right of trade name, unify protection of trademark and trade name, improve the system of assist in execution and establish the appropriate coordination mechanisms.