Conflict Resolution Between Business Name Rights And Trademark Rights

Enterprise name and trademark are the business card of a market subject and the symbol of soft power of the market subject.In modern times,all kinds of information about a market subject will reach the public life in a short period of time,especially the high quality market subject will quickly gain the reputation of consumers.Market subjects hope that their enterprise names or trademarks can be recognized widely among society and consumers in order to gradually develop and consolidate their brand influence and make use of the value of business names or trademarks to earn economic benefits.However,the fact that the text part of the enterprise name and the trademark is the same or similar leads to the conflict between the enterprise name right and the trademark right.Some market entities use other people's trademarks to register as enterprise names,and some market entities use the text part of other people's enterprise names to register as trademarks.The conflict between enterprise name right and trademark right causes the loss of economic interests of market subjects,damages the interests of consumers themselves,and destroys the good order of market economic competition.At present,our country is mainly based on "People's Republic of China Trademark Law "," Enterprise name Registration Administration regulations "," People's Republic of China Anti-unfair Competition Law" and related judicial interpretation to resolve the conflicts between the name and trademark rights of enterprises,although they have made varying degrees of perfection,but in some details are not clear enough.In addition,the management of enterprise name and trademark is two modes,and there are "information barriers" between the two departments,which also makes the conflict of rights between the enterprise name and trademark.In order to avoid the conflict of rights between the enterprise name and trademark,we should speed up the study of the key and difficult problems,protect the enterprise names and trademarks,and create a sound order for competition in the market economy.I will analyze and study the countermeasures to solve the conflict between the enterprise name right and trademark right.First of all,starting with the analysis of the research background and significance of the conflict between the enterprise name right and the trademark right,this paper focuses on the domestic and foreign comprehensive understanding of the research status,and fully understand the views of experts and scholars in various fields.Secondly,I will analysis of the actual cases,this paper puts forward the focus of the conflict between the enterprise name right and the trademark right,and summarizes the solutions to the conflict between the two.Thirdly,the enterprise name right and trademark right are expounded separately to understand the similarities and differences between the two.Then,I analyze the manifestation,cause and the current situation of conflict resolution in practice.Finally,I will put forward advice from the judicial,administrative,market subject.