Legal Analysis On The Refusal Or Cancellation Of The Prior Right Of Person’s Name To Trademark Registration

The conflict between the right of prior name and trademark registration has always been the focus in the judicial practice of trademark authorization.When dealing with the conflict between the right of prior name and trademark registration,article 32 of the Trademark Law,namely "prior right" clause,is always applied to protect the right of prior name.However,protection of the right of the prior names in the sense of traditional civil law,protection of the right of the prior names in the sense of the trademark law and protection of the right of the prior names in the sense of market confusion make relevant judicial reason confusing,and the above three referee thoughts reflect the three different kinds of civil interests.In order to straighten out the reason of the prior name of natural person stopping or cancelling the trademark registration,analyzing each of referee thoughts,exploring the intrinsic reason of the conflict between the prior right of name and trademark registration,and finding the essences of protecting the prior right of name is necessary.This paper mainly uses theoretical analysis and empirical research methods to finish,which concludes three parts: the summary of existing problems in cases of protecting the right of prior names,the substance of conflict between the right of prior name and the trademark registration,and the standpoint of protecting the right of prior names.The main body is divided into three chapters.First chapter respectivelyanalyzes the protection of the prior right of name under the sense of the traditional civil law,the protection of potential economic value in the prior right of name under the sense of the trademark law and the protection of social public interests under the sense of avoiding market confusion.Combined with related legal interpretation of "prior right" clause,it can be concluded that the conflict between the application for registration of trademark and the prior right of person’s name is in tort,and this kind of infringement relations is refer to the application for trademark registration cause "damage" to the prior right of others."Damage" is the core factor that defines the conflict between the prior right of person’s name and trademark registration.In different opinions,the different understanding of the connotation of "conflict" affects the understanding of the protection of the right of name in the "prior right" clause.The second chapter tries to analyze the essence of conflict between the prior right of person’s name and trademark registration.First,referring to the meaning of the word "damage" in the damage compensation law,the author tries to understand the meaning of the word "damage" in the "prior right" clause,and to further explain the form of prior right of name and the essence of the damage by the unique feature of prior right of name.After understanding the meaning of the word "damage",based on the analysis of defects in regarding the conflict relationship as infringement,and combined with the legislative purposes of the trademark law,the systematic explanation of the "prior right" legal effect clause,the essence of the conflict between the prior right of name and trademark registration is the significance of trademark.The third chapter,on the basis of the second chapter,further analyzes the balance interest between the prior right of person’s name and the significant interest of the trademark.For consumers,when they see the natural person’s name,what comes to his mind is a natural person that the name indicated to,not the provider of goods or services that the corresponding trademark indicated to.At this time,the registered name trademark is lack of significant and very easy to make consumers confused.Therefore,the name trademark shall not be registered or has been revoked,and is supposed to stop or cancel the trademark registration.On the contrary,it shouldmaintain the prominent interest of the trademark,and it cannot harm the public interest of consumers in order to protect the individual interests of the name.At the same time,four factors should be considered when identifying what make the related consumers confused,and resist or cancel the trademark registration,namely,the prior name is the name of person who claims the rights,the name is identical or similar to the controversial trademark in lawsuit,there is a certain correlation between the public confusion or misunderstanding and there is a relation between the field of goods or services and work field of the right holder.