Research On The Conflict Between Trademarks And Common Commodity Names

The conflict between trademarks and generic names of goods has a long history.Especially in recent years,with the increase in trademark infringement cases,the dispute between the two has become a difficult issue in trademark law research and judicial practice.Trademarks and common names of goods are both related to each other and have obvious differences.Among them,the biggest difference is whether the logo itself has trademark distinctiveness.Whether or not distinctiveness directly determines the attributes of the trademark and the common name of the commodity.The change of distinctiveness is also the hub of the mutual transformation between the trademark and the common name of the commodity.Distinctiveness is the soul of a trademark and the core of trademark protection.The common name of a product itself does not have trademark distinctiveness,but it can obtain a second meaning after acquired use;when a trademark loses its distinctiveness,it can be degenerated into a common name of a product,which is determined The conflict between the two is inevitable.The identification of certain generic names of commodities has always been a difficult problem in practice.my country has different standards when identifying generic names of commodities.In particular,the identification of generic names of commodities has different conclusions,which not only harms the interests of trademark owners.It also makes the market order within a certain range turbulent.The key to resolving conflicts is to return to the issue of identification of generic names of commodities.Unifying identification standards,standardizing identification procedures,and strengthening the protection of trademark owners are the main ideas for conflict resolution.