Legal Issues Of Conflict Of Trademark And Trade Name Rights

With the development of the socialist market economy, a lot of enterprises have been established and transactions in the market involve a larger and larger field. As a result, conflicts between trademark rights and store rights tend to rise gradually in practice.All kinds of conflicts between trademark rights and store rights have brought about serious consequences. They have caused economic disorder and go against shaping fair and orderly competitive environment. But our legal system does not regulate these rights completely or systematically. Consequently, the obligee's rights cannot be protected, market subjects are confused and their rights are weakened. This paper investigates ways to settle the conflicts between trademark rights and store rights and protect the benefits of relevant obligees. Part one of this paper briefly introduces the types of these conflicts and points out incomplete laws, defective authorization institute and the benefit-approaching features of business subject are the major causes of these conflicts. Part two analyses other countries' relevant legislation with the aim to use international advanced lawmaking experience as reference to improve our legislation. Part three mainly examines the coordination and settlement of conflicts between trademark rights and store rights so as to protect the benefits of relevant obligees to its best.