商标和商号作为两种重要的商业标记,由于商号权是与商标权相邻接的最密切的权利,因此,经营者在使用过程不可避免的会发生权利冲突,对于这种冲突,不论是行政手段还是司法手段都不可能彻底的解决,单就司法实践方面主要以坚持利益平衡的原则为指导、严格界定商标权和商号权的权利范围和依法合理的扩展和限制商标权和商号权的权利范围等手段来解决二者的纠纷。 Trademarks and trade names are two important commercial markings. Since the trade name right is the closest right to the trademark right, conflicts of rights will inevitably occur during the use of the business operators. Whether this is an administrative Means or judicial means can not be completely resolved. On the judicial practice alone, the principle of insisting on the principle of balance of interests is used as a guideline. The scope of the rights of trademark rights and business names is strictly defined and the right to extend and restrict trademark rights and business names in accordance with the law is reasonable Range and other means to solve the dispute between the two.