On Institutional Conflicts Between The Rights Of Trademark And Trade Name

The conflicts and disputes triggered by the rights of the trademark and trade name are increasingly fierce in practice,it has become a hot and difficult problem of the protection of intellectual property rights. But there are some problems in solving this kind of dispute such as the deficiency of existing laws and regulations , inadequate enforcement practices, both result in many difficulities in academic domain and judicial domain, then deepen the processing of difficulty.The conflicts between the rights of trademark and trade name are attempted to be placed into the background of the conflicts of rights in this article,then sum up the form and the essence of conflicts between the rights of trademark and trade name, as well as find the main reasons for conflicts by analysing its characteristics,rights connotation and source of value .Through analyzing the deficiency of the current standard and system in solving related conflicts in China and referring to the foreign law experience, some suggestions are put forward on legislation about defining the protection for the rights of trademark and trade name reasonally, and try to find the effective ways to solve the conflicts of two rights.The rights of trademark and trade name are mainly discussed from three aspects in this article.The first part is introduction .Firstly,The source of its value and connotation are defined through the analysis of trademark and the rights of trademark. Secondly,through the analysis of the definition and feature of trade name ,the conclusion is that the rights of trade name is one kind of Commercial rights of personality which has the characteristics of intellectual property rights and personality rights, then make the connotation and source of value clear. Thirdly,by analyzing the rights of trademark and trade name as well as two cases comprehensively,the form, the essence and the reasons of two rights'conflicts can be found. The second part is the study and analysis of the conflicts between the rights of trademark and trade name. The legislative system of trademark and trade name in China are mainly analyzed in this part, especially for the related trade name system, and many defects of the trade name's right protection system itself are summarized. The institutional defects of legal balance conflict in China are summed up by analysing the cross-protection for the rights of trademark and trade name.The third part is the idea and perfection for the equal protection system of the rights of trademark and trade name. By comparison with the international and the foreign trade rights legislation's rules of the conflicts between the rights of trademark and trade name, combining with the defects of our country's legislation and management system analysed above, some related suggestions are put forward on improving the legislative system of conflict resolution and perfecting legal remedy, etc.