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

As a character symbol to distinguish different individuals,the name is naturally similar to the constituent elements of the trademark,which easily leads to the registered trademark being the same or similar to the name of others.If the name trademark is registered without the permission or authorization of the name owner,it may infringe on the name right of others.Competition is the inherent economic law of market economy.The name of a famous person is a symbol of influence,communication and appeal.If it is used as a trademark,it will be a good stepping stone for the product to enter the market.It can quickly improve the product popularity,enhance the brand image of the enterprise,and expand the market share.Therefore,it has won the favor of many companies,which has also led to the intensification of celebrity names being registered.No matter historical figures,pop stars or champion of the competition,as long as they have a little popularity,they are easy to be preempted,resulting in damage to the rights and interests of the relevant name holders and the public.In the judicial practice of our country,a lot of administrative disputes about trademark appear confusion in the application of law,especially the confusion in the application of "adverse effects" and "prior right" provisions of the trademark law,different recognition standards of popularity,and different protection of the name right of deceased celebrities,etc.,which have become prominent contradictions in name trademark.These conflicts are mainly caused by the lack of protection scope of"prior right" clause,the lack of trademark review procedure,and the unreasonable relief channels.Therefore,the author believes that,on the one hand,we should improve the relevant legislation,expand the scope of "prior name right",establish a hierarchical trademark review system and a punishment system for malicious registration,etc.;on the other hand,we should unify the judicial recognition standards,clarify the application limits of legal provisions and the recognition requirements of popularity,so as to protect the name right to the greatest extent.