The Perfection Of Legal System Of Trade Names In China

As an intangible asset,the trade name carries the commercial reputation of the commercial entity and is a sign of the commercial entity's external communication,which can bring huge economic benefits.With the rapid development of the market economy,the role of the trade name in the market competition has also become more and more important,and the disputes over various types of trade name rights are frequently infringed.However,the legal system for trade names in China is not perfect.This article first analyzes and determines the basic theoretic issues of the trade name,and purifies the source;then,combining China's current legislative status quo and practice status of the legal system of the trade name,it concludes that there are many imperfections in the legal system of trade name.Wherever it is intended to protect the rights of the trade name,it can only be achieved by citing the legal norms for the protection of corporate name rights.There is no clear definition of the concept of the trade name and the nature of the trade name's rights,and the laws and regulations have a lower level of legislation and the regulations are less fragmented.Problems such as unreasonable territorial restrictions,etc.;and Finally,it proposes a legislative concept for improving the legal system of trade name as well as concrete measures to improve the basic theory of trade name rights and the establishment of a legal protection system to further improve China's intellectual property theory research.