Conflicts Of Between China's Trademark Rights And Trade Name Rights And Settlement

The trade name,also known as the name of the manufacturer,refers to the specific mark used to identify the producer or operator in market economic activities.Trade names are often the carriers of product quality and corporate goodwill,and play an important role in promoting corporate image and market competitiveness.A trademark is a sign that distinguishes the source of goods or services of differ ent operators.Because trademarks and trade names carry huge commercial value,enterprises attach importance to using trademarks or trade names to protect their interests in market competition.However,some companies have registered the words in other people's trademarks as trade names,or registered the trade names of others as their own trademarks.Because of the similarity of the functions of trademarks and trade names,operators take advantage of the unclear boundaries between the two,and the imperfect legislation,resulting in a conflict of rights between trademarks and trade names.Therefore,resolving the conflict between trademark rights and trade name rights in China is not only of great theoretical significance,but also beneficial to the trial of intellectual property conflict cases in judicial practice.Based on the overview of trade name rights and trade mark rights,this article explains the concepts and characteristics of trade marks and trade names,and analyzes the relationship between trade marks and trade names.According to the research of judicial cases in China,the forms of conflicts between trademark rights and trade name rights in China are summarized,and the reasons for the conflict between trade name rights and trade mark rights a re analyzed.To further study and summarize the international conventions outside the territory and the legislation and regulations on the conflict between trademark rights and trade name rights abroad,and provide legislative experience for the resolution of the conflict between trademark rights and trade name rights in China.This article believes that resolving the conflict between trademark rights and trade name rights in China requires both clear basic principles and concrete measures from the perspect ives of legislation,justice,and administration.The basic principles for resolving the conflict between trademark rights and trade name rights in China include the principle of prohibition of confusion,the principle of balance of interests,and the prin ciple of good faith.Specific measures to improve the conflict between trademark rights and trade name rights in China: from a legislative perspective,clarify the legal status of trade name rights,clarify the specific scope of application of prior rights,and strengthen the protection of well-known trade names;Judgment criteria for conflicts;China must also establish a national search system for trade names and a shared search system for trademarks and trade names to prevent conflicts between trademarks and trade names in advance.