Trademark rights and trade name rights fall into different
categories, and are regulated by different laws, specifically,
trademark rights are intellectual property, while trade name rights
are considered commercial personal rights. When there is
conflict between trademarks and trade name rights that have been
used prior to the trademark, we must consider how best to protect
the trade name right?
According to the article 32 of Chinese Trademark Law, trademark
applications 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.
