Research Of The Conflicts Between Trademarks Right And Trade-names Right

According to trademarks and trade names’ nature, they all belong to the object of the intangible intellectual property. And they all have the role of distinguishing things, but the role also exist a little difference: the former suggests the specific property of a product. The latter used to judge commodity from which proprietor by the meaning of trade names. The internal overlap provides a potential conflict of the two rights. The conflicts turn into increasingly rampant phenomenon, emerging “Rely on A well-known brand", "Take free car ", and the other acts of unfair competition, caused a serious negative impact on the development and maintenance of the economic order. At the same time, there are some flaws in our legislation and judgment, and it brings some difficulties for handling of the conflict between the two rights. So, designing what kind of system and take what kind measures can prevent conflict between the two rights, and solve the conflict fairly. These subjects have been the issues that they debated in the last ten years. I tried to discuss the reasons of their conflicts from the contacts between trademarks and trade names purposefully, make system analysis about how to solve these conflicts predictability, and o put forward some good ideas.This paper’s idea is as follows. Addition to the introduction and conclusion, this paper is divided into four parts:The first part: introduces and profiles the concepts, the contact and difference of trademarks and the right of trademark, trade-names and the right of trade-names.The second part: according to the verdicts and the whole stories through four typical cases, to analyze the form and the validity of conflict between trade-names and trademarks, in order to dig out the reasons of conflicts deeply.The third part: combined with the cases of the second part, contact the latest revision of the "Trademark Law", analyzes the basic principles of the rights of trade-names and trademarks when dealing with the conflict in real life.The fourth part: the related thinking of solving the rights of trade-names and trademarks’ conflicts. From the basic national conditions of China’s reality, the executive management, the legal system, the judiciary, and the enterprises, Put forward some specific recommendations.