Will trade name rights and trademark rights conflict?
Conflicts will occur.
Conflict between trade name rights and trademark rights
With the rapid development of the commodity economy, the speed and scope of commodity circulation have accelerated. With expansion, the situation and problem that product or service trademarks are identical or similar to trade names, causing confusion and misunderstanding, are becoming more and more prominent. In practice, there are two main forms of legal conflicts between trade name rights and trademark rights:
One is the conflict between the prior trade name right and the later trademark right of others. The other is the conflict between the later trade name right and the earlier trademark right of others.
Causes of conflict
Analyze the causes of conflicts, mainly from several aspects:
1. This conflict is the result of the fragmentation of China's trademark registration and enterprise name registration management systems. Fragmentation means that trade names and trademarks are managed and protected by different departments. Block fragmentation is It means that the registration of trademarks and trade names is carried out according to administrative level areas, and is searched in different systems and different regions. This makes the conflict between trademark rights and trade name rights inevitable.
2. This kind of conflict is the "sequelae" of the planned economy. The company name and the trade name it contains "implement distribution registration management" ", and can only enjoy trade name rights within the "jurisdiction of the registration authority", that is, enterprises are registered at the county, provincial level, and national level according to their "level" and can exercise trade name rights within the registered areas. Only at the national level Large enterprises only enjoy nationwide trade name rights after registering with the State Administration for Industry and Commerce.
3. This conflict is the inevitable result of profit-driven. Market competition prompts enterprises to strive for progress, and at the same time, it also produces a group of "free riders". This group of enterprises will use other companies with good "goodwill" (Goodwill) An enterprise uses its trademark as its own trade name, or applies for registration of another person's trade name that is already well-known to the public as its own trademark, with the purpose of making consumers product.
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