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近年来,商标权和商号权的冲突愈演愈烈,已经成为一个不容回避和拖延的问题了。但是由于我国法律对商标权和商号权的规定散见于各种法律文件之中,因此出现立法上的交叉或空白,甚至是相互冲突。因此直到现在,商标权和商号权的冲突还没有得到根本地抑制。正是在这样的背景下,本文对商标权和商号权的冲突问题进行了研究。
In recent years, the conflict between trademark rights and trade name rights has become increasingly fierce and has become an issue that can not be avoided or delayed. However, due to the fact that the provisions of our country’s laws on trademarks and trade names are found in various legal documents, there are legislative gaps or gaps that even conflict with each other. So far, the conflict between trademark rights and business name rights has not been fundamentally suppressed. It is against this background that this article studies the conflict between trademark rights and business name rights.