With the development of market economic, more and more clearly the business subject realizes the position and meaning of trade name in modern competition. Meanwhile the dispute of the right of trade name increase day and day. How to protect trade name is very important problem. This article is precisely based on this kind of demand. Through researching various countries legislation, referring to some scholars viewpoint, I hope find a way to strengthen the power to protect trade name right.This paper is composed of six parts: Part one, trade name and right of trade name. I analyze different views of trade name and right of trade name; characteristic and function of trade name; nature and content of the trade name right. Part two, I briefly analyze the conflict between right of trade name and other commercial mark and solution, including right of trademark and domain name. Part three, I research present situation of protecting trade name right, including the protections coming from civil law, Intellectual Property Law, Competition Law and administrative law. Part four, I research mainly two actions infringing upon trade name right, including trade name confuse and trade name dilution. In part five and part six, I point out the shortcomings existing in the protections of trade name right and provide some proposes about how to perfecting the protection of trade name right. |