Research On The Conflict Of Rights Between Enterprise Name And Trademark

After stepping into the emerging information era,the speed and means of information have become more and more fast and diversified.With increasing opening degree,society is gradually building up a three-dimensional information network frame.Therefore,a lot of information about enterprises,such as corporate trademarks,product details can be spread into the market soon,which has played a significant role for enterprises to achieve business cooperation and get commercial profits.However,in the meantime,due to easier information transfer channels,some confusing news will get access to the market as well.In recent years,the cases where enterprise names have conflicts with trademarks can occur very often.“Enterprise name” is regarded as the most important identification symbols of different business entities in the market,while “trademark”is the distinguishing symbols of products and service which are directly faced with market.But both are the important channels for consumers to identify the commodities and production enterprises.Some enterprises can infringe trademarks of others when promoting themselves,while other enterprises seek for the effect of “famous brand name” in order to get more profits by “hitchhiking”.No matter for what kind of purpose,these behaviorsnot only infringe the interests of trademark owners and consumers,but also destroys the orderly competition for the market,which have brought great obstacles for our country to optimize innovation environment and adjust innovation structure in the new era.At present,concerning the conflict of rights between enterprise names and trademark,there are many practical judicial cases where the identifications about nature of infringement between different courts are different.Our country now mainly regulates the infringements of various trademark rights and relevant unfair competition acts based on the Trademark Law and the Anti-Unfair Competition Law.However,both laws lack the general description of corresponding infringement act constitution,which makes the identification of infringement acts fail to follow the unified standards;meanwhile,since there exist information sharing defects between Trademark Bureau and State Administration for Industry and Commerce in process of trademark and enterprise name obtainment,the occurrence of similarities between enterprise names and trademarks cannot be avoided at very beginning,which can lay a hidden danger for the later infringement acts.Thus,considering the importance of trademark right protection,enhancing the research upon trademark right protection as well as solving the difficult problems are the urgent and important tasks at present.This paper mainly makes researches on constituent elements and countermeasures for the violation act of enterprise’s name infringements on trademark rights.Firstly,through explanation and analysis of the cases,the paper introduces the dispute points;secondly,by analyzing the manifestations and causes of right and interest conflicts,the paper studies the constituent elements of enterprise name infringement on trademark right and unfair competition acts;at last,from perspective of enterprise practice,the paper studies how to protect one’s own trademark right from being infringed,with combination of theory and practice,giving reasonable proposals for protecting the trademark right system.Starting from judicial practice aspect,the author focuses on the external form,causes and legal qualitative problems of the right conflict between enterprise name and trademark,and research on the constituents of right conflict.According to daily work experience,the author makes countermeasure for problems from justice system,administrative management and practical perspectives,so as to provide some references and inspirations to researches on conflicts between enterprise names and trademark rights.