Studied On The Conflicts Between Trademark Right And Trade-name Right

In recent years, the conflicts between trademark and trade-name grow in intensity in the practice. 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 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, the conflicts between them has not been able to obtain the properly solution actually in the existing related legal laws and regulations in our country. Based on such situation, the author brought forward some new viewpoints and available practical solutions in this article.This article has four parts besides introduction and conclusion.The first part mainly discusses the basic theory of the trademark right and trade-name right, also define "the conflicts between intellectual rights", "the conflicts between trademark and trade-names right" and so on correlation concepts. In second part, the concrete behavior and reason correlative with the conflicts of trademark and trade-names right were discussed. In third part, the criterion that used for dealing with the conflict between trademark and trade-name around main capitalist country, then analyzed the regulation and problem consist in the current legislative system of our country when solving the conflict. The last part mainly gave the consideration and suggestion about how to perfect the mechanism to solve the conflict which was put forward. In author's opinion, establishing a unified legalization, reforming the current administration mechanism about trade-name, and setting up the integrative protection system of the trademark and trade-name could furthest prevent the two right from conflict.