Research On The Legal Issues Of The Conflict Between Trademark Right And Name Right

With the continuous development of our country's economy and society,people's awareness of the commodity economy has been increasing.As a symbol with both personal interests and property interests,the huge economic value of name has been continuously improved in recent years.The phenomenon of name registration and use is very common,such as "Zhang Xiaoquan" scissors,"Lining" sports,"Yue-sai" skin care products and so on.The use of one's own name as a trademark is a legitimate use of the property interests of name.However,the act of a malicious snatch of trademarks by the names of others,whether from the legal or rational level,should be regulated in a timely and appropriate manner.At present,the relevant regulations used to adjust the registration of name trademark in China are scattered in many laws,regulations and judicial interpretations.Due to some vague content of the relevant provisions,it is easy to cause too much discretion of the judges and so on.The illegal registration of others' names as trademarks is still not banned.For example,our national track and field team athlete Su Bingtian and Nobel prize winner Mo Yan have encountered their own names being snatched by others and their rights protection is difficult.This leads to a series of problems,such as the legal rights and interests of the owner of the name are harmed,the consumers are misled,the normal market economy order is collided and so on.In view of this,it is very necessary to improve the relevant regulations on solving the conflict between the right of name and the right of trademark in our country.The author is divided into four parts to study the legal regulation of the conflict of name right and trademark right.The first part gives a brief description of name and the right of name,trademark and the right of trademark.The second part analyzes the reasons for the conflict between the right of name and the right of trademark,including the possibility of overlapping in their pattern of manifestation,and the protection consciousness of some name owners is not strong enough to protect their right,and merchants choose to take shortcuts to attract consumers' attention.The third part has been combed the legislative situation or its evolution of conflict between the right of name and the right of trademark in the United States,Germany and China.In the last part,the author gives some further advice to solve the conflict between the right of name and the right of trademark,such as to make clear the right of name and the right of trademark conflict identification elements,perfecting the relevant legislation,and the introduction of right of publicity system.