Study On The Right Conflicts Between The Trademark Rights And The Enterprise Name Rihgts

With the rapid development of China's market economy,market competition is incresingly fierce.The public begin to pay more and more attention to the intellectual property rights.Intellectual property rights,gradually becoming a very important part of the enterprise competition,causes fierce competition among enterprise and leads many conflicts of intellectual property rights.The rights of trademark and enterprise name conflict are most prominent in each kind of 7intellectual property rights conflicts in our country.Such cases appear in a large number.The trademark and enterprise name rights conflicts cases occupy a large proportion in trademark infringement and unfair competition.Moreover,this dispute will damage the interests of consumers and the reputation of operators,seriously disturbing the economic order and destroying the current market environment.It becomes a practical problem to be resolved.At present,the defects of China's relevant laws and administrative system set a barrier of solving and coordinating such conflicts.In the judicial practice,solving such problems tends to cause great difficulties.The first part of this paper starts from the concept of trademark and enterprise name rights.Firstly,it identifies the legal attribute and the concepts of the enterprise name and the trademark rights.And then it introduces the forms of the conflicts of trademark and enterprise name rights.On this basis,it illustrates the causes of the conflicts of trademark and enterprise name rights through further analysis.It concludes the solutions to the problems in the judicial practice through the analysis and study of the classic cases.In the second part,it introduces the lessons of two kinds of solutions about rights conflicts,including the parts that the United States,the Germany and the Japan have introduced the relevant provisions and that are worthy of our using for reference.The third part is the focus of this paper,which emphatically analyzes the conflict cases of the trademark and enterprise name rights,and the key issues in the case from three aspects.The solution principles of the trademark and enterprise name rights conflicts are introduced in the fourth part,namely,it protects the prior rights and focuses on the principle of the benefits balance and honesty and credit.In the last part,it puts forward to the three solutions that resolve the conflicts of the enterprise name and trademark rights,and some suggestions of the conflicts between our country's registering trademark and the enterprise name rights.