Trademark right and trade name right fall in to different
categories, and are regulated by different laws, specifically,
trademark rights are considered intellectual property, while a
trade name right is seen as a commercial personal right. When
there is conflict between past deadline trademark and earlier
registered trade name right, we need to consider we can protect the
earlier trade name right?
According to the article 32 of China Trademark Law, trademark
application shall not infringe upon another party's existing
prior rights. The existing rights regulated in this article
include trade name right, copyright, design patent right, name
right, portraiture right and other legitimate pre-existing rights
which shall be protected.
