Studied On The Conflicts Of Trademark And Trade Name

In recent years, the conflicts of trademark and trade name grow in intensity in the practice. The noticeable event was some famous trademarks were occupied to register into the trade name and at the same time some famous trade names were occupied to register into trademark. Although the Trademark Laws, the Counter-Unfair Competition Act and relevant administrative statutes acted as criterion to dealing with the conflicts in a way, the conflict between them has not been restrained fundamentally. Based on such situation, the author brought forward some new viewpoints and available practical solutions in this paper.This paper has five chapters besides introduction and conclusion.The basic theory of the tradename was discussed in chapter one. In this chapter, the development history of trade name, the argument of its concept and the argument of trade name, the contents of the trade name were elucidated, then some related concepts such as trade name and trademark, trade name and enterprise name, trade name and goodwill of businese, etc. were differentiated.In chapter two, the concrete behavior and reason correlative with the conflicts of trademark right and trade name right were discussed. The concrete behavior of the conflicts has three kinds of types: First, the conflict consists in preoccupied registered trademark with delayed registered trade name; Second, preoccupied registered trade name with delayed registered trademark; Third, because the trade name of some enterprises were not in accordance with their trademarks, one registered other's trademark as his owntrade name, or occupied other's registered trade name as his own trademark at the same time. In my opinion there were four main reasons which caused the conflict: First, the inscape of trademark and trade name has comparability in their identification; Second, the Trademark Law stipulated the principle to protecting prior, but not endowed the right with the preoccupied trade name right;...