Study On Issues Of Registered Trademark Prejudice The Prior Right Of Name

Competition goes increasingly fierce in the modern society, survival of the fittest becomes the necessity in the market economy. Goods or services in the market has famous logo is easier to attract the attention of consumers and get their trust. A well-known brand means the guarantee of quality, but the well-known brands need to spend a lot of manpower and material resources from creation to have powerful market attraction and appeal. Some market participants use the name of well-known figures for trademark registration. By using the popularity of the celebrity, they make the goods or service taken the high starting point to enter the market and become the means to create monopolies. In order to maintain the normal order of market competition, protect the legitimate rights and interests of the prior holder and consumers, it is necessary to cany out the above behavior regulation.The cases of "Liu De Hua" and "IVERSON" reflect two focus disputes of registered trademark prejudice the prior right of name:I,the application of law;2, the essential condition of judging the registered trademark prejudice the prior right of name. In order to solve these two problems, this article first analyses the meaning of the clauses of the "adverse effects" and "prior right", and points out the appropriate practice in the current judicial practice by using the two terms; then summarizes the principle of the judgment by studying the cases of judicial documents and explores the essential condition of judging the registered trademark prejudice the prior right of name; finally analyses the causes of the trademark rights and name rights conflict by reflecting on cases, and put forward specific measures for the conflict.According to the above ideas, the author mainly adopts the two research methods:first, case analysis. By the analysis of two typical cases on the registered trademark prejudice the prior name rights and generalizing the focus of disputes, it clarifies the attitude that the courts solve the problem, and then discusses the targeted comments. Second, the literature methodology. The article analyses the meaning of the "adverse effects" by the utilization of the library, internet, database access, collecting, sorting and analysis of the existing literature, and explains the essence of the right of name and the economic interests reflecting on it, and analyses the awkward predicament in the current legislation mode to solve the conflict between registered trademark and the right of name right, so as to provide ideas for the solution of the problem.The article concludes that:(1) it is more appropriate to use the term of "prior right" in the case of registered trademark prejudice prior right of name.(2) there are four essential condition of judging the registered trademark prejudice the prior right of name:the words of the trademark is the same with other’s name, or forming the only correspondence; the person of the name has popularity; trademark registrant has subjective fault; the goods link together to the people engaged in the field.