Research On The Legal Issues Of The Conflict Between Trademark Rights And Name Rights

The name of a natural person is a combination of surname and first name,which has the function of distinguishing others.The right of name is the right of a natural person to use,decide and change his name,and require others to respect his name.It can neither be transferred nor inherited by others.Different from the right of name,trademark right is mainly a kind of property right.The economic value of name has been developed and utilized constantly.Driven by economic interests,more and more people rush to register other people's names as trademarks.When someone attempts to use the celebrity's popularity to "hitchhike" to register his name as a trademark without authorization,it is easy to have a conflict between the trademark right and the name right.In real life,similar cases are not rare.The conflict between trademark right and name right is essentially the conflict of interests of all parties.If this kind of conflict can not be solved properly,it will not only damage the legitimate rights of the obligee,but also cause confusion and misunderstanding of consumers,damage their legitimate interests,and harm the market economic order of our country.Therefore,this paper uses case analysis,literature analysis,comparative analysis and other methods to study the conflict between trademark right and name right,and puts forward relevant suggestions to standardize the order of China's socialist market economy.This paper is divided into five parts,the first part,starting from the "Deng Ziqi trademark case",introduces the case facts and dispute focus as well as the problems caused by the case.The second part mainly introduces the concept of name and trademark,the concept of name right and trademark right,the relationship between them,and the concept and characteristics of name trademark.The third part introduces the causes and forms of the conflict between trademark right and name right.In the fourth part,the author discusses the solutions to these problems in the United States and Germany.The fifth part,based on the basic national conditions of our country,puts forward solutions to the conflict between trademark right and name right.