What are the conflicts and reasons between trade name rights and trademark rights?
1. Forms of conflict between trade name rights and trademark rights
The so-called conflict between trade name rights and trademark rights refers to the conflict between different trade name rights holders and The trademark owner's use of identical or similar words confuses consumers as to the source of the goods or services, causing them to mistakenly believe that there is a specific relationship between the two, thereby causing them to mistakenly purchase goods or receive services, resulting in two rights conflict. The conflict between trade name rights and trademark rights mainly manifests itself in the following two forms:
(1) Commercial use of trademarks
This refers to the conflict of rights arising from the use of a trademark that has a certain reputation from another commercial entity as a trade name in one's own business name. Some companies register other people's well-known trademarks as trade names in their own company names, hoping to increase the company's visibility through other people's well-known trademarks. This is the main situation in the conflict between trade name rights and trademark rights.
(2) Trademark use of trade names
This refers to the use of trademarks enjoyed by other commercial entities The conflict of rights arising from registering and using a trade name with a certain reputation as a trademark of one's own enterprise. Some companies register other people's trade names that have a certain market reputation as their own trademarks, hoping to use other people's well-known trade names to increase the visibility of their products or services. In essence, they are using the reputation of other people's trade names to benefit themselves.
2. Analysis of the causes of conflict between trade name rights and trademark rights
2. b>
Under the conditions of market economy, the conflict between trade name rights and trademark rights has become more and more intense. This is caused by the following reasons:
(1) Driven by commercial interestsAs mentioned before, trade names and trademarks with identification functions carry The business reputation of relevant enterprises can not only reflect the reputation, strength, product quality and service level of relevant enterprises, but also guide consumers' consumption intentions. In particular, those well-known trademarks and well-known trade names have strong market appeal and consumer recognition, and can generate huge commercial benefits. Therefore, driven by commercial profits, some commercial entities will choose to free ride and take shortcuts, hoping to share the commercial benefits of well-known trade names or trademarks.
(2) High similarity between trade name and trademark
As mentioned before, trade name There are many similarities with trademarks in structure, function and content. As consumers, they often don’t pay much attention or have difficulty distinguishing the difference between trade names and trademarks. Because of this, many commercial entities will try their best to increase the visibility of their trade names or trademarks to increase consumers' recognition of them, which will inevitably lead to conflicts between trade name rights and trademark rights.
(3) Incomplete legal provisions
my country’s current laws and regulations regarding trademark rights The main protection is provided by the Trademark Law, but there are still many areas that are not perfect. For example, although the Implementing Rules of the Trademark Law stipulate that registered trademarks that infringe upon the legitimate prior rights of others can be revoked, there is no corresponding explanation and definition of prior rights, which makes the implementation of relevant laws more difficult.
(4) Determined by the characteristics of trade names and trademarks
As mentioned above, trade names Both trademarks and trademarks belong to intellectual property rights. They all have the related attributes of intellectual property rights. They are authorized and confirmed by the relevant departments of the country. Their objects are intangible objects. Therefore, trade names and trademarks cannot be tangibly controlled or possessed by the possessor like traditional physical objects. They can easily escape the hands of the creator and be used by others. Therefore, conflicts of rights can easily occur between intellectual property rights.
(5) Unreasonable management system
In our country, trade name registration is based on various The hierarchical registration system of industrial and commercial administration bureaus at all levels means that right holders can exercise their trade name rights within the registered area, and the industrial and commercial administration bureaus at all levels alsoThere is no need to check whether the trade name in the company name is similar or identical to the trademarks of other commercial entities. This will inevitably lead to relevant companies to apply for registered trade names unscrupulously. Our country implements a national unified registration form for trademark registration. The State Trademark Office is the only institution with the power to grant trademark rights. At the same time, the State Trademark Office does not clearly prohibit the use of other people's trade names as registered trademarks. It can be seen that my country does not protect trademarks in the trade name management system, and does not protect trade names in the trademark management system, which will inevitably lead to conflicts.
If you have problems that require communication and resolution, and if you are not sure about the content and want to know more about it, we recommend that you seek help from an online lawyer on the Legal Savior Network in a timely manner.
No comments yet. Say something...