Analysis On The Recognition Of Infringement On The Right Of Exclusive Use Of Others' Registered Trademarks With Enterprise Name

Enterprise(including privately or individually-owned business)name has some commonness with registered trademark in identification functions and conflicts of their rights sometimes occur between the two.The trademark law of our country has made some rules of principle on the conflicts between the use of enterprise name and registered trademark.However there still exist some deficiencies and controversies in the aspect of recognition of infringement on the right of exclusive use of registered trademarks with enterprise name in theory and practice.Thus,under the guidance of a case and in combination with the constituents of trademark infringement,this paper analyzes and elaborates the core elements in infringement on the right of exclusive use of registered trademarks with enterprise name.Apart from introduction,this paper consists of five parts.Part One introduces the case and expounds the existence of the controversy over recognition of infringement on the right of exclusive use of registered trademarks with enterprise name in the judicial practice so as to introduce research content of this paper.Part Two discusses the same or similar recognition of enterprise name and registered trademark.According to the trademark law and relevant judicial interpretations,in combination with the relevant judicial precedents and from the perspective of similarity in property and value between enterprise name and registered trademark,this part elaborates relevant issues in same or similar constituents of enterprise name and registered trademark based on the standard of trademark approximate examination.Part Three analyzes the recognition on the same or similar commodities and services.This part introduces the groundbreaking case of classification table handled by the court in the judicial practice,compares the similarities between business scope of enterprise and verified commodities and services in registered trademark,analyzes the relationship between similar group and related commodities and concludes that the recognition on whether commodities and services in enterprise name are appropriate to those in registered trademarks should not dwell on the limitation in classification table but depend on the specific circumstances of the case and stand at the point where consumers may be confused.Part Four elaborates the recognition of prominent use and its necessity.This part first analyzes the controversy over the concept of prominent use in theory and practice,andanalyzes the necessity of the cancellation of infringement on the right of exclusive use of registered trademarks with enterprise name with the standard of prominent use,from the perspective of both definition of prominent use and regulatory use and the relationship between prominent use and use in the trademark law.Part Five proposes the suggestions for the improvement of recognition rules of infringement on the right of exclusive use of registered trademarks with enterprise name from the perspective of this case.This part proposes the suggestions for theory and practice from the perspectives of approximate examination standards,the connotation of prominent use,the cancellation of the prominent use standard and the deletion of Article 58 in Amended Trademark Law in 2013.