Enterprise Name Registered Trademark Has Been Infringed Judicial Cognizance

Rapid development of social and economic has brought great competitive pressure to market players. In order to seek personal gain many companies not hesitate to infringe the intellectual property right of other companies. Among these case, the most typical one is the conflict between company name and registered trademark. And this conflict is increasingly aggravated.In this article, i will analysis the controversial focuse by narrate a case,and combine with related theory. This case is about an individual businesses in Mianyang which violate the registered trademark of a limited liability company in Jiangxi Province. The first part is a statement of the basic facts of this case, and put forward the controversial focus of this case. In the second part i will analyzes this question according to the controversial focus of this case. First of all, focus on the analysis of the definition of the company name,then,we can know the defendant company’s name should be defined as "Milan";Secondly, analyzes if the simplified company name "Milan" infringe traditional trademark of the same name "Milan".we can draw a conclusion that simpli fied company name "Milan" indeed infringe traditional trademark of the same name "Milan";Finally, i demonstrate the trademark owner have r ight to enforce prohibition right of trademark. In the third part, i will analyzes some measures to this kind of conflict in Taiwan and foreign country, and the enlightenment to our country, then, puts forward my own suggestions.