The Conflict Of Trademark Right And Trade Name Right And The Solution

The business operators and consumers now pay more attention to business reputation than ever before. Who owns the business reputation, that will have the power of discourse in the market competition. Competition in the market, carrying around the goodwill of the trade name and trademark intensified competition, the conflict of trademark right and trade name right have become increasingly prominent. This paper will be divided into four parts to elaborate.The first part summarizes the conflict of the two rights, the first especially to clarify the meaning and nature of law. The trademarks and trade names that belong to commercial signs are supported commercial reputation, their similarity is high, strong relevance, prone to conflicts and disputes. Throughout the present, forms of conflict of trademark right and trade name right are diversification, classified the forms can help clarify the relationship between them. Therefore, in the study of related cases, this paper will make the conflict divided into two categories that the use of trade name the trademark and use of trademark the trade name, and also analysis with some related cases.The second part expounds the reasons of the conflict between the two rights. The conflict have the internal factors about the attribute of the right, for example, the regional scope of protection, there are the external factors of lack of system, for example, the lack of regulation of unfair competition. China’s "trademark law", "administration of enterprise name registration regulations", judicial and other laws and regulations interpretation to adjust the trade name and trademark. There are different levels, the lower effect of the provisions. This is because China has no complete and perfect legal system to adjust the conflict of trademark and business right.The third part discusses the basic principle to solve the conflict of two rights. To harmonize the conflict between trademark right and trade name right, the first task is to establish the guiding principle to solve the conflict of two rights, including the principle of honesty and credit, protection of prior rights, prohibition of confusion and anti dilution, to balance the interests of efficiency. To recognize China’s existing legal system under the premise, combined with China’s judicial practice, this part focuses on the protection of the prior right and anti dilution principle. of first and anti dilution principle. Focuses on the name and registered trademark prior use of the conditions and and demonstrates the well-known trademark and well-known trade name in the anti dilution theory for our country’s might.The fourth part puts forward the suggestions to solve the conflict of two rights system. First of all, to explore the legislative mode of the firm as the center, put the trade name into the scope of protection of "trademark law"; secondly, improve the business registration procedures, from the source to clean up the two rights conflict soil; finally, types different conflict from the unfair competition law and determine the corresponding legal responsibility, changing the unified situation of apply and determine the legal responsibility.