The Conflict Between Trademark And Trade Name Right And Its Solution

As one of the most closely related two business logo,but also the common carrier of corporate goodwill,trade names and trademarks in recent years,often conflict of rights,a serious impact on China's normal market competition order.In order to solve the conflict of rights between the two,according to "what","why" and "how to do"the idea,concept definition first discusses the two main conflict,then discuss why the conflict between the two,finally discusses how to resolve these conflicts in different conditions.Specifically,this paper is divided into three parts.namely "what is","why" and "how to do".The first part is the first chapter,mainly introduces the trade names and trade-marks,trade name rights and trademark rights,and the concept of the relationship between the two rights.The second part is the second chapter,it introduces the con-flict between trade name and trademark,and the concrete manifestation of the conflict of rights between them.The third part includes the third chapter and the fourth chapter,the third chapter mainly introduces the general principle of solving the conflicts be-tween trademark and trade name,namely the protection of the rights of first principles,the principle of the prohibition of confusion and visibility of the principle,the princi-ple of balance of interests and respect both the principle of how the market order,the fourth chapter mainly introduces the specific case in different,depending on the situa-tion the selective use of the third chapter of the five principles,so as to solve these conflicts.