The Principle Of Honesty In The Trademark And Trade Name Right Conflict Of Judicial Application

Trademark and trade name rights conflict has been the key points and difficulties in the court case.In all of the people’s court of unfair competition disputes cases,trademark and trade name rights conflict accounts for a considerable proportion of cases.In order to solve the conflict,China’s trademark law, the anti-unfair competition law and related judicial interpretation has made some provisions,such as the prominent firms of the trade name’s direct use is considered the trademark infringement,and as use of others’ the same trade name as a trademark is considered the infringement of others’ trade name. But these provisions on the content is not enough comprehensive and clear without covering all of the trademark and trade name rights conflict.This paper mainly analyze trademark and trade name right conflict resolution from the perspective of judicial applicationare.By analysis of the court in the solution to the conflict of trademark and trade name rights legal basis found that the existing legal and judicial interpretation on the solution of the judicial interpretation of the rights conflict is not comprehensive and has legal loopholes.The principle of honesty and credit has become the main legal basis for the court to solve the trademark and trade name right conflict. The main reason for the court to apply the principle of honesty and credit with the conflict between trademark and trade name rights is analyzed from the characteristics of trademark and trade name right conflict,the advantage of the principle of honesty and credit, Social justice and other aspects to explain the application of the necessity and reasonableness. The article also analyses the court cases in practice and discoves that the factors of the courts in applying the principles of honesty and credit when dealing with the conflicts has become mature and stable, the final verdict is relatively sure, rarely do their court. Finally, the paper puts forward suggestions for the court in applying the principles of honesty and credit when dealing with the conflict and hope that court can benefit from those solutions of trademark and trade name right conflict later.