The Research On Conflict Resolution Mechanism Between Time-honored Trade Name Rights And Trademark Rights

A heated discussion about who is the real “clay figurine Zhang” arouse from the dayTianjin “clay figurine Zhang” institute a law suit to Beijing “clay figurine Zhang”. Thefirst-instance judgment of this case conducted to settle disputes, second sentence commuted tothe case the argument to the superheating, what surprise us is the retrial eventually returned“clay figurine Zhang” to the embrace of Tianjin, the case has been settled. This paper from alegal point of view describes the basic circumstances of the case in detail and the dispute ofthe case based on the in-depth analysis. And try to put forward scientific and reasonablesolution to the conflict between Time-honored Trade name rights and Trademark rights.Hoping to make things right. The full text of a total of eighteen thousand words, the article isdivided into four parts:The first part: the introduction and the focus of controversy. This part introduced thebasic situation of the case, both sides of the debate, and a trial of second instance and retrialverdict, and then summarize the focus of controversy of the case are:1.whether there isconflict exist between trademark right and trade name right and the discussion of three trialjudgments;2.whether the use of “clay figurine Zhang” or “Beijing clay figurine Zhang” byrespondent would constitute unfair competition, including the respondent is a violation of theprinciple of honesty and credit and the generally recognized business ethics, and how torecognize it;3.the influence of long term use of “clay figurine Zhang Beijing”;4.the specialprotection of time-honored brand.The second part: the controversy and disagreement in “clay figurine Zhang” case. Thissection revolves around four issues of the case, carries on the analysis from the legal point ofview. This paper first analyzes whether there is conflict of trademark right and trade nameright between the petitioner and the respondent. According to the Tianjin court judgments, thepetitioner has the exclusive right of “clay figurine Zhang”, which can be used as a trademark,and enjoy the rights of it. The respondent obtain legal right by the legal registration of "Beijing clay figurine Zhang ".In this respect, the law and regulation in China is not perfect,which leads to the rights conflict between two legitimates. Secondly, the paper analyzeswhether the case should be adjusted by the unfair competition. What’s more, the analysationabout the behavior of long-term use of “Beijing clay figurine Zhang”. Finally, analyze the special characteristics of time-honored brand from the aspects of concept and historical in thecase.The third part: the conclusion of "clay figurine Zhang" case. Combined with the case,article put forward some reasonable point of views corresponding to the above the point ofcontroversy one by one. At the end of the article put forward some settlement mechanism ofthe trade name right and the trademark rights conflict from four aspects.