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Trade mark right and the conflict that company name counterpoises reach its law
From;  Author:Stand originally

Information of Chinese brand website (bring from Chinese court net)

The exclusiveness attribute of money property right decided to there must not be conflict between each money property right, namely same a right of belongings cannot by many main body all, unless have law,have contract agreement particularly. Can be had by place of many main body at the same time as a result of aeriform belongings, use and accrual, the visible wealth property right that consequently aeriform money property right compares produces the right more easily to conflict. Especially intellectual property reachs his relevant right mutual between the belongings object that points to as a result of the right is easy across, more such. For instance an art work can be the object of exterior design patent already, the object; of the object that also can be copyright, trade mark right is same the object that a character or the form of some kind of calligraphy that its combine can be trade mark right already, can be the object of copyright, and the object that its write a form simply can be trade mark right already, object that also can be name authority.

Counterpoise to trade mark right and name such " label sex right " for, "The right conflicts " the object that points to these two kinds of rights namely (brand and name) of the mark of place identifying (the origin of commodity or service and identity of market main body) between the case with promiscuous generation. Avoid to conflict even if should avoid the generation of this kind of promiscuous case. At present trade mark right and the conflict that the name counterpoises are trade mark right and the conflict that the name counterpoises actually. Because active company name registers regulation and brand to register the brand that regulation decided to be able to be registered,this is as cannot identical as registrable company name or similar, its are only likely as identical as the name in company name or similar [① ] (accordingly, for convenient style or manner of writing, the following place says in the article " the name counterpoises " with " the name counterpoises " in not special below the circumstance that make clear, both and same meaning uses) . In practice, the typical form that this two authority conflict is register another person prevenient, already enjoyed comparative the case; that the commodity of credit or service brand regard the name in company name as to try to register and be used inside relevant industry domain 2 be other prevenient the famous word that register. Conflict gives prevenient trademark registrant mostly or the name person that register causes damage:   illuminate Kang of α of agitate of tan of  of conspicuous of  of で of  of commission of  of  of Ю of bad pen of canister of beautiful  of bad barium of Buddhist templeput on the brakes of Fei of  of bewildered of  of cangue of  ⑽ Shan S of skirt impossible idle circles Zhong Xie of Gui of Xiao of  of Guan dispatch brilliant to mire paralysis of crotch of  of foot Pang imperial order, the registered trade mark with a famous dispute that some involving or the name that register. The basis has law, quite quantitative conflict cannot get effective relief.
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