Research On Legal Issues Of Trademark Rights And Trade Name Rights Conflict

In recent years, frequent conflict with the trademark and trade name rights-related cases, however, the relevant legal point of view, China is still a lack of expertise to deal with such disputes and regulations, even if there are laws and regulations relating to the field are often more general, not detailed enough concrete. Lead to such cases become a problem plaguing us. In view of this situation, I think the conflict is necessary under our careful discussion of trademark and trade name rights, so as to achieve standardize the market order, improve the mechanism and make the greatest efforts for the protection of our intellectual property.This paper has four chapters.The first part is trademark and trade name rights overall summary and conclusion. Concept elaborated the concept, firm definition of trademark and trademark rights, trade name and trade name rights. Then, it analyzes the similarities and differences between trademarks and trade names, mainly from the following aspects are analyzed:trademarks and trade names of their respective functions, access rights of way, the scope of rights and so on.The second part focuses on the manifestation and reasons of the conflict between trademark and trade name rights. We look at nature through the phenomenon that is the trademark and trade name rights conflict, we summarize the general rule. These will naturally be reflected in intellectual property law is a major manifestation of several trademarks and trade names conflict of rights. Thus we summarized the characteristics and institutional reasons and the right to the root of interest, so that we can finally analyze these aspects of intellectual property rights to know the real cause of the conflict.The third part is the section mainly on the relevant legislation trademark and trade name rights in Taiwan and western countries, to explore its trademark and trade name rights to resolve disputes and conflicts basic model:one focused on prevention mode in advance to all conflicts curb at the source; two is focusing on remedial mode. Although these two models can not provide direct help for us to resolve the conflict, but we understand by the length between the two modes, as our experience in legislation providing for the trademark and trade name rights, to resolve the two conflicts.The fourth part discusses the solution About Countries trademarks and trade names conflict resolution mechanisms good food for thought on how to improve this. Made firm should establish the legal status of intellectual property rights as soon as possible, specifically related to the scope of the law prior rights to further improve the "Anti-Unfair Competition Law", the flexible use of prohibited confusion theory and association theory, so the state introduced as soon as possible to resolve the trademark and firm the right to conflict-related laws and regulations.