Trademarks And Trade Names:Conflict Of Rights And Reasonable Avoidance

Trademarks and trade names have the same points,similar items,and differences.They are both commercial signs,but different commercial objects are connected behind the symbols.The disputes between trademarks and trade names in modern society have increased,and infringement-related theories are often used in judicial practice to resolve them.Based on the fact that the boundaries of rights are not clear,it is unfair to attribute this problem to infringement and a reasonable avoidance theory needs to be introduced to solve the conflict of rights between the two.In this paper,from the perspective of the conflict of rights,combined with semiotics,information theory,case analysis and other related theories and methods,we study and analyzes the content and boundary of trademark rights and trade name rights,the manifestation and consequences of the conflict of rights and the manner of liability,that is,whether the conflict between trademark rights and trade name rights should be protected and how to protect it.The main content of this article includes: first of all,the definition of category,mainly analyzes the basic theory,including the attributes of trademarks and trade names.The same points,similarities and differences are analyzed and the problem of conflicts of rights arises.Secondly,empirical analysis,divides the conflicts of rights between trademarks and trade names into two major categories,namely the conflicts of rights between earlier trademarks and later trade names or between earlier trade names and later trademarks.Thirdly,typed analysis,analyzes the causes of conflicts from the perspectives of authorization,confirmation,and exercise.Finally,resolution mechanism,proposes a resolution mechanism for conflicts from a reasonable avoidance perspective.It includes the guiding principles and specific rules of settlement.In short,in the "symbol-information-goodwill" system,trademark rights and trade name rights should be protected.In order to avoid the conflict of rights between the two,the systemic requirements for commercial logos are based on reasonable avoidance,follow the general principles of protecting the prior rights,improve the legal system,ensure the equal legal status of trademarks and trade names,and establish relevant systems for authorization procedures,such as a unified search system,to provide a legal basis for resolving conflicts of rights.Judicial coherence requirements,systematic and comprehensive protection of trademarks and trade names,focusing on the division of rights boundaries,and taking reasonable avoidance as a starting point,scientific use of the legal system,reasonable application of legal principles such as the protection of prior rights principles and additional specific signs,and other specific rules.Reasonably resolve the conflict between trademark and trade name in practice.