On Conflict And Resolution Between Trademark Right And Right Of The Name

Over the past 40 years of reform and opening up,the global economy has shown a rapid development trend,and the economic benefits hidden behind trademarks have attracted more and more attention.At the same time,the conflict between registered trademark rights and prior name rights has become increasingly prominent.At the end of 2016,the Supreme People's Court made a judgment in Jordan Trademark case,ruling that Jordan had the right to a prior name for the Chinese character " Jordan" and rescinding the ruling of the Trademark Review and Adjudication Board on maintaining the trademark,which caused extensive discussions in all sectors of society.Trademark right and name rights and interests seem to be irrelevant,but in fact,there are often fierce conflicts between them.Name trademark is the initial fuse of the conflict between them.It is precisely because of the emergence of name trademark that the right carriers of trademark right and name rights and interests intersect,and then lead to conflicts.Therefore,whether the emergence of the name trademark conforms to the relevant provisions of the law,or whether the name can be used as a trademark or apply for registration,has become a primary issue to be explored in the analysis and resolution of the conflict between the two.In this paper,the author first starts with the causes and manifestations of the conflicts between trademark rights and prior name rights,and points out the causes of the conflicts that the author believes,namely,the coincidence of content attributes,realistic factors and legislative defects,etc.,which are mainly manifested in the direct application for registration under the name of others;Apply for registration indirectly in another person's name.In the second part,this paper analyzes the dispute resolution mechanism between trademark right and prior name right in our country,from the analysis of " General Provisions of Civil Law"," Trademark Law" and other relevant laws and regulations,it analyzes the problems of vague scope,weak guidance of laws and regulations,single dispute resolution mechanism and so on.In the third part of the article,the author uses the method of comparative analysis to sort out and summarize the legislation and practice modes of trademark rights and prior name rights in Britain and the United States,hoping to find the critical point of balancing the conflict between trademark rights and prior name rights from foreign legislation and practice,which will also have good reference significance for the perfection of our legislation.Finally,the author puts forward some suggestions on the settlement ofdisputes between trademark rights and prior name rights in China: to clarify the boundaries and scope of trademark rights and name rights;Appropriate introduction of the concept of commercialization of the right to a name;We will strengthen the protection of the right to a prior name and focus on maximizing the benefits of disputes.