简析商号权和商标权的冲突及其解决途径（A brief analysis of the conflict between trade name right and trademark right and its solution）.docVIP

简析商号权和商标权的冲突及其解决途径（A brief analysis of the conflict between trade name right and trademark right and its solution） A brief analysis of the conflict between trade name right and trademark right and its solution Key words: trade name, trademark right, right conflict Abstract: under the market economy condition, as the enterprise competition intensifies day by day, it bears the enterprise commerce Reputable firms and trademarks have been playing a more and more important role. At the same time, the right of trade name and trademark right The conflict of rights is becoming more and more frequent. It has become one of the most prominent conflicts of rights in the field of intellectual property rights. This article will This paper introduces and discusses the related problems of trade name right and trademark right To solve the conflict between the right of trade name and trademark right in our country and provide a useful reference. First, the concept of trade names and trademarks As for the concept of trade name, there is no unified understanding in the theoretical circle. There are two main types Point of view: one view is that a business name is the name of an enterprise or individual. It is a list of the business entity in its business activities To express ones own name, which is a broad concept of trade name; another view is that the firm is not the same as the name of the enterprise Concepts are only part of the business name, such as the Shanghai Volkswagen Co.Ltd, and only the public It is a business name, which is a narrow concept. The author agrees narrowly with the concept of firm names. The author believes that Number should be the most concentrated expression of the unique characteristics of commercial subjects, can show the same industry, different commodity participants most The fundamental difference sign. In accordance with the provisions of the seventh regulations on the administration of enterprise name registration, the enterprise name shall be Admin