摘要
When it comes to the conflict between trademarks and trade names,it is necessary first to understand the nature of trademarks and trade names.Trademark is a concept known almost universally in modern society,which refers to the mark used to distinguish the goods or services of one operator from those of other operators.On the other hand,a trade name primarily characterizes a relatively fixed place of trade,mainly referring to the geographical or physical location.The trade name is logically older and better suited to the limitations of simple commodity exchange in the traditional acquaintance society of the agricultural civilization.In the past,the business community often had the saying"there is only one shop,there are no other branches",because traditional business activities are limited by the production capacity of products,geography,transportation,communication and other factors,with distinctive geographical characteristics.Even if operators want to set up other branches,they are often unable to do so.This limitation leads to the same brand name in different regions not being confused with each other's market and not affecting each other's interests.
