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As long as trade marks and name continue to be used in trade these signs are a prominent part of goodwill and rights in them cannot be subject to any maximum duration. Trade marks and related aspects of trading goodwill are protected as symbols needed by consumers to distinguish between competing products and services in a market economy. Trade marks and names in accordingly quite as significant in economic terms as patents and copyright Legal protecting against the imitation of marks and names ist nowadays a very important legal problems Infringement on the trade marks and names controls the commercial law and unfair competition law; intrusion upon the trade marks regulates unfair competition law and trademark law The commercial law protect the trade name on the view of the protection of the business man and consumers. therefor the test depend on whether a trade name is infringed or not. The unfair competition law controls the imitation of the trade names and marks for the fair competition. trademark law prevent infringing of trade marks for the development of industry and interest of consumers. Misconception or confusion in the test of the infringement of trade names and trade marks must be considered and applied what the each law goals.