企业名称与商标的权利冲突及法律对策

随着经济的发展,企业名称与商标的冲突日趋激烈,但《反不正当竞争法》对此却没有作出明确规定。虽然《商标法》等法律法规对该问题有所涉足,但都不尽如人意。笔者认为只有进一步完善《反不正当竞争法》,健全企业名称行政分级管理制度,建立人民法院与商标局、商标评审委员会、工商行政管理机关的会商制度,才能较好地解决这一问题。

Conflict Between Enterprise Appellation and Trademark and Corresponding Law Strategy

With the development of economy,the conflict between enterprise appellation and trademark is becoming more and more obvious,however,few of regulations have been stipulated on this issue.In order to solve the conflict,it is suggested that measures need to be taken such as to improve the laws,to perfect the administration system of the en- terprise appellation,and to set up association business council system among People's Court,Trademark Bureau,Trade- mark Assessment Council and industry and business administration organizations.