| The conflict between the exclusive right to use a registered trademark and the rights and interests of a trade name refers to the phenomenon where a registered trademark and a trade name are composed of the same or similar words,and the use of a civil subject causes consumers to confuse the source of related goods or services,resulting in the purchase of a certain product or service by mistake,leading to a series of conflicts of interest.This conflict can be theoretically analyzed through four dimensions.Firstly,the possibility of confusion is used as the standard to determine whether there is a conflict between the exclusive right to use a registered trademark and the rights and interests of a trade name.Secondly,the order of registered trademarks and trade names is established from the perspective of civil rights and interests,forming preliminary legal protection rules.Thirdly,the theory of interest measurement is used to analyze whether special protection should be given to one party.Finally,a cost-benefit analysis is conducted from the perspective of legal economics on the protection of the parties,In order to systematically answer the conditions for the conflict between the exclusive right to use registered trademarks and the rights and interests of trade names,which party should be given priority protection,and how to maintain a balance of interests between all parties.On the basis of drawing on advanced legislative experience from abroad,firstly,China should establish the principles of protecting prior rights,prohibiting confusion,and balancing interests as the basic principles for resolving conflicts.Secondly,at the legislative level,we should clarify the scope of protection of prior rights,increase the legal protection rules for time-honored brands,and improve the Provisions on Administration of Enterprise Name Registration.Once again,at the judicial level,unify the standards for judicial adjudication and improve the standards for punitive damages.Finally,at the administrative level,we will create a platform for sharing trademark and brand information,and establish a brand registration prohibition database to reduce the risk of trademark and brand conflict. |
