Conflict And Resolution Of Celebrity Name Rights And Trademark Rights

The name is a symbol to distinguish different people,at the same time,it can be the message carrier between people,it have been through a long evolution process.However,with the lastly development of the commodity and market economy,as well as the constant progress of society,the name carrier has gradually been given economic value.The conflict between the celebrity’s name right and the trademark right to be discussed in this article is mainly manifested in the phenomenon that the celebrity’s name is being registered.In real life,there are many business practices that preemptively register others’ names.For example,the Jordan case,which lasted for several years,is the best example.The emergence of such a situation will not only result in the loss of all the people in power but will also endanger consumers and cause chaos in the market.We should clearly understand that the reason why some people who are willing to devote themselves to the loopholes of the law and how to regulate the application of registration as a trademark by using their names have become urgent problems to be solved in the Trademark Law.This article starts with a series of questions arising from the name right and the trademark registration of the name.First,we use a few classic cases to lead the topic and ask questions,and elaborates the concept of celebrity name right and trademark right.Then combs and analyzes the form of the conflict between the celebrity name right and the trademark right,as well as the reasons for our country’s legislation to apply for the registration of the trademark by name,finally proposes to solve the problem of celebrity name right and trademark Conflict of rights approach.This article main dividend into six characters.The first chapter is mainly through the introduction of some classic cases that occurred in recent years leads to the problem discussed in this article is the famous person’s name is registered.These cases mainly include Jordan case,Andy Lau case.Through the analysis of the case to understand the status quo of the conflict between the right of name and the trademark in order to solve the problem of the registered name of celebrity.The second chapter is a summary of concepts related to names and trademarks.The first is about the meaning of the name and the right of the name as well as the legal provisions,the second is the function of the trademark,and the legal requirement of using the name to register the trademark.The elaboration of the two concepts of name right and trademark registration can provide a better understanding of the differences between these two concepts and provide conditions for the subsequent resolution of the conflict.The third chapter focuses on explaining the relevant elements of applying for a registered trademark by name.Through the name of the commercial value of the name of the trademark registration to illustrate the possibility of using the celebrity name to apply for a registered trademark,China’s "Trademark Law" and "Trademark Review Criteria" on how this is stipulated.The fourth chapter is the key part of this article.Conflicts between celebrity names and trademark rights have been written in these areas,including the performance,causes and harms of the names being registered.The performance of the conflict can be divided into:(1)direct registered names of celebrities(2)the use of names and names of famous trademarks(3)use homonym or homonym to register.Through these several aspects of analysis can be more prominent theme,a more clear solution to the problem to be solved in this paper,laying the foundation for the follow-up solution.The fifth chapter is mainly through the analysis of some of the above problems to illustrate our country for the application of the name as a trademark application for registration of the deficiencies,as well as the comparison of foreign developed countries in the law for the name of the trademark requirements.In order to have a more clear understanding of the legislative proposals of our country’s trademark law,it is also convenient to learn some advanced experiences of foreign laws.The sixth chapter is the last part of the whole article,which is to write some suggestions on how to protect the celebrity’s name as a trademark and to protect and improve it,so as to ensure that different rights owners can enjoy their due benefits better.Mainly include: the "Trademark Law" on "prior rights" and the strict restrictions on the "adverse effects" of the provisions of the same name surnames to apply for registration of the name of the trademark requirements,the use of homonym or homonym for trademarks The act of registration introduces the right to commercialize the name to improve the provisions of the "Trademark Law" and clarify the rights and obligations of each subject.