The Conflict Between Trademark Rights And Trade Name Rights And Its Solution

With the development of knowledge economy,the progress of information technology has led to the increasing status of trademark rights and trade names in the market economy,and even become a dominant position in the market main body in market competition,and the dispute frequently.This paper divides the manifestations of the two conflicts according to the time order of the rights,divides the conflict of rights into the commercial use of the trademark and the commercial use of the firm,and makes further progress on the two different types of cases Refinement.No matter what type of conflict of rights,the reason,the conflict between the two mainly from the following aspects.Including the economic interests of the drive;trademarks and firms in the composition of elements and their role in the role of a high degree of similarity,easily lead to the public difficult to distinguish and identify;rights creation and regulation in the management system has a geographical difference and the lack of relevant laws and Absence.Through the analysis of the conflict between the two rights can be seen,the two rights conflict is inevitable and ubiquitous.The complexity of the two rights determines that the conflict should be solved flexibly.Based on the theoretical analysis of the conflict between the trademark right and the trademark right,this paper analyzes the current situation of the conflict resolution and the current situation of the judicial decision mode,,Which includes the international conventions,the United States and Canada as the representative of the Anglo-American law countries,Germany and Japan as the representative of the civil law countries between the legal characteristics,summed up the foreign legislation is worth learning from the excellent experience.Finally,the article analyzes the institutional defects of the conflict of rights in our country,puts forward the legal suggestions for the conflict of trademark right and trademark right,including the establishment of a unified legal protection system for commercial identity,the same legal status and protection of trademark and trade name,Article 57 clarifies the scope of "prior rights",strengthens the coordination of the management of trademarks and firms,and promotes the coexistence of trademarks and trade names.