Research On The Conflict Between Trademark Rights And Trade Name Rights

The trade name is an important part of a company name.The business name and trademark of market players play an important role in identifying market players.Market players hope that their business name or trademark can form word-of-mouth among consumers and gradually expand and consolidate their brand influence.Trademarks or trademarks that can identify the source of goods have important commercial and economic value.However,the font size is identical or similar to the words of the trademark,resulting in conflicts between the right to the name and the trademark.,It is not conducive to healthy market economic competition,and it also damages the self-interests of consumers.At present,my country implements two different management modes for enterprise name and trademark,and there is no information sharing between the two departments,which leads to conflicts of rights between the two.The current state of the judiciary is described.This article focuses on the legal issues of using other people’s trademarks as trade names,and analyzes the protection of prior registered trademark rights.On this issue,in the 2019 revision of the "Trademark Law",the new provisions in Article 58 will The use of other people’s trademarks as trade names,which misleads the public and constitutes unfair competition,shall be dealt with in accordance with the Anti-Unfair Competition Law.Regarding the use of other people’s trademarks as trade names,two different situations are distinguished: "prominent use" and "regular use".In the case of "regular use",the Anti-Unfair Competition Law shall be applied in accordance with Article 58 of the Trademark Law.This article analyzes the relevant legal provisions of the Trademark Law and the Anti-Unfair Competition Law,and puts forward the shortcomings of the relevant provisions in the legislation.Finally,drawing on foreign experience,puts forward suggestions for conflict resolution.