商号作为商品生产经营者的身份标志,在现代竞争中所具有的重要地位和意义已引起人们的广泛关注。企业重名现象日益增多,商号权纠纷呈蔓延之势就鲜明地体现了这一点。可见,依法规范商号的取得、转让、投资等行为,不仅有利于预防和减少商号权纠纷,而且对于保护商号权人的合法权益,保障公平竞争,促进社会主义市场经济发展有着重要作用。然而,时至今日,我国尚未建立起商号保护的法律体系,现行的几部涉及商号的法律法规如《民法通则》、《企业名称登记管理规定》等也因存在对商号权定位不准,在商号与企业名称 The status and significance of the firm as a symbol of the commodity producer and trader in the modern competition have drawn people’s attention. The phenomenon of corporate duplicate name is increasing day by day, the tendency of the spread of the firm name right is a clear manifestation of this. Therefore, it is not only helpful to prevent and reduce the number of trade name disputes, but also play an important role in protecting the legal rights and interests of business owners, guaranteeing fair competition and promoting the development of socialist market economy. However, up to now, our country has not yet established a legal system for the protection of firms. Several existing laws and regulations involving firms, such as the “General Rules of Civil Law” and the “Regulations on the Administration of Enterprise Name Registration” Business name and company name