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Briefly describe the conflict and resolution of trademark rights and trade name rights.

Answer: Trade name rights and trademark rights both belong to the category of intellectual property rights. Trade name right is the exclusive right obtained by the trade name user by registering his trade name in accordance with the law. As the trade name of a production and operation manufacturer, the trade name is an important part of the company name. The reasons for the conflict between trademark rights and trade name rights are: (1) Separate legislation, separate registration, and separate management are adopted. Trademarks are mainly regulated by the Trademark Law, and trade names are mainly stipulated in the "Enterprise Name Registration and Management Regulations". The two are parallel systems. The protection of trademarks does not involve trade names, and the protection of trade names does not involve trademarks. (2) Unequal legal protection of trademarks and trade names. The Trademark Law is a law, while the Provisions on the Administration of Registration of Enterprise Names are only administrative regulations. Moreover, trade names are subject to hierarchical registration management. There are currently two main forms of conflicts between trade name rights and trademark rights: one is using other companies' trademarks as trade names. The second is to apply for registration of other corporate trade names as your own trademarks. As for the first form of conflict, the "Provisions on the Recognition and Protection of Well-known Trademarks" have resolved it to a certain extent. However, the legal provisions for the protection of the second type of serious infringement of enterprise trade name rights are still blank. Therefore, the nature of trade name rights should be clarified and a unified management and protection system should be established. Establish a well-known trade name evaluation system and provide complete protection, prohibiting the registration of previously registered well-known trade names as trademarks. In the trade name legislation, it is necessary to clearly treat other people's prior trademarks as prohibited elements for trade name registration, distinguish between well-known trademarks and general trademarks, and provide full protection and general protection respectively. Full protection should be given to well-known trademarks and general protection should be given to general trademarks, so as to reduce costs, save resources and improve efficiency.