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Conflicts Between Right Of Trademark And Right Of Trade Name And Their Solution Mechanisms

Posted on:2015-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:L DuFull Text:PDF
GTID:2266330431951801Subject:Intellectual property rights
Abstract/Summary:PDF Full Text Request
The so-called conflicts between trademarks and trade names are essentially conflicts between trademark right and trade names right. In both theory and practice, the conflicts are tricky problems. I start with the current situation of conflicts between the two, and explore ways to solve the conflicts with the help of study methods of comparative analysis and empirical analysis, in particular I conduct a comprehensive analysis of the types of two conflicts.This paper consist of four sections discussing the conflict between trademark and trade name rights.First, I started with the concept of trademark and trade name and then studied the trademark rights and trade name rights. I discussed the obtaining of trademarks and differences and similarities between trademark and trade name rights. In this section I affirmed the status of intellectual property rights of the trademark rights, and prepared for the discussion of conflicts between trademark rights and trade name rights to be discussed in following sections.Second, continuing with the definition of intellectual property conflicts, I explored the recognized criteria of conflicts for trademark and trade name rights and made a distinction between the two conflicting rights. According to the connotation of trademark and trade name rights conflicts, the conflicts were combined to two dimensions for further analysis, and tried to explore all types and forms of both conflicts. At the end of this part, I analyzed the causes of the conflicts.Third, from the perspective of comparative studies I discussed how the various state laws regulate the conflicts of trademark and trade name rights. Generally we have two ways:(1) the trademark and trade name rights are treated as priority and to be protected; and (2)"Anti-Unfair Competition Law" is used to regulate the conflicts. Based on careful studies of the various national and international conventions used to resolve the conflicts, I believe that there is much points we can learn from, for instance, coregulation of several Sector Acts, putting the trade name rights into the right category of priority rights, using the "confusion" criteria to determine the rights conflicts between the two; using the "dilution" standard to determine the well-known trademarks or well-known trade names.Finally, I discussed two ways to resolve the conflicts of trademark and trade name rights in China. The first one talked about how to ease the conflicts within the existing legal system. The judiciary should uphold the principle of prior right protection, the principle of prohibition of confusion and the principle of balance of interests. Enterprises should establish a mechanism to advance the prevention, integration of trademark and trade name protection to circumvent the rush-registry problem. Administrative authority should establish a unified trademark and trade names cross-retrieval systems. The second one discussed and provided solutions to resolve the conflicts from the perspective of legislation. I suggested to include trade names rights into intellectual property rights system, enlarge the well-known trademark protection to include well-known trade names and improve the content of "Anti-Unfair Competition Law" to make it fully support the implementation of the new "Trademark Law" in China.
Keywords/Search Tags:Trademark right, Trade name right, Conflicts of rights, Types of conflicts, Solutionmechanisms
PDF Full Text Request
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