Research On The Solution To The Conflict Between Registered Trademarks And Store Name Rights

As an important sign of the department store,the department store's name is a “business card” of the business operation.The department store's name summarizes the commercial spirit given by the department store's operator to the department store with concise words.As a commercial sign,the department store's name has inextricable link with enterprise name and registered trademark and the department store itself contains the geographical location and thus the department store's name has some relationship with the place name.In practice,there have been a variety of conflicts between the name of the store and the registered trademark.This thesis discusses whether the store's name which contains other's registered trademark constitutes the infringement on other's registered trademark.Because the registered trademark sued is a service trademark and contains the generic name,the author will discuss how to define the infringement on the registered trademark and the proper use of the generic name as a service sign.The author centers on the dispute over whether the department store's name which contains a generic name constitutes the infringement on other's registered trademark and makes pertinent analysis of the circumstances in which the generic name constitutes infringement.This thesis is composed of four parts.Part One introduces the case.This part introduces the facts,the qualitative dispute over the case and controversial focus.In practice,there are two opinions on whether the name of “Beihai Pearl City” constitutes infringement on the registered trademark of “Pearl City” and the controversial focus is on whether the use of the generic name constitutes infringement on registered trademark.Part Two makes legal analysis on the relationship between generic name,department store's name and registered trademark.Since the sign of “Pearl City” involved in the case of the name of “Beihai Pearl City” is very special,which is not only a generic name but also a registered trademark,the author elaborates the concepts of department store and registered trademark and their relationship and focuses on the transformation of generic name to registered trademark and the rules for the identification of the infringement on the exclusive right of registered trademark.Part Three analyzes the case of the name of “Beihai Pearl City” department store.According to the legal analysis of the use of the name of “Beihai Pearl City” department store,the author concludes that the use of “Beihai Pearl City” department store which contains the generic name of “Pearl City” does not infringe the exclusive right of registered trademark of “Pearl City”.Part Four is the conclusion.