Research On Conflicts Between Registered Trademarks And Enterprise Names And Their Resolution Mechanisms

The name of the company and the registered trademark are important forms of property rights in modern society.This is especially true for a company.When the two represent the enterprise,there will inevitably be various conflicts.The main manifestations of the conflict between the two are: the enterprise uses the words in the registered trademarks of others as the name,the conflict between the name of the enterprise registered in the postregistration and the prior registered trademark;the name of the enterprise is registered as a trademark by others,triggering the registration in the post.The conflict between the trademark right and the name of the previously registered business.Based on a comprehensive analysis of the concept and characteristics of the company's name and registered trademark,the article takes the "Zhang XiaoQuan case" as an example and focuses on the background and reasons of the conflict.Regarding the conflict resolution mechanism between corporate names and registered trademarks,countries?regions? have different approaches.The paper analyzes their legislation and practice from representative countries,although the experiences of different countries are different.This part examines the regulations on registered trademark rights and enterprise name rights in Germany,the United Kingdom,the United States,and Taiwan from the perspective of comparative law.It sums up the international conventions and other countries and regions on how to resolve the conflict between trademark rights and corporate name rights.The two modes,that is,the pre-defense mode and the post-emergency remediation mode.By comparing and analyzing these two modes,we can provide reference for the resolution of the conflict between trademark rights and registered name rights in China.These countries have basically established the principle of prior rights,so that the conflict between the two has been alleviated to a certain extent,which provides us with useful reference for future legislation and practice.The significance of the writing of the thesis lies in analyzing the basic concepts of enterprise names and registered trademarks,understanding the legislation and practice of developed countries,and finally providing solutions for solving disputes between the two countries.At this stage,China's laws on the two are still not perfect,and the system and mechanism are not perfect.The solution first clarifies the principle that should be followed in resolving the conflict between trademark rights and corporate name rights,that is,the principles of stopping confusion,protecting prior rights,balancing interests,and being honest and credit should be observed.On the basis of clarifying these principles,the author puts forward specific suggestions for improving the conflict resolution mechanism between trademark rights and enterprise name rights.