Comparative Study On Trademark Infringement And Its Liability Principle

This paper defines the meaning of "trademark infringement". Then it asserts that the objective standard of trademark infringement may include: illegal activities, damages and causality between illegal activities and damages, by drawing lessons from international treaties and foreign laws, then basing on the rules of "imminent infringement" of the new Trademark Law, and combining it with the characteristics of intellectual property rights at the same time. While whether the subjective standard needs fault needs to be contingent upon different forms of trademark infringement.Because use infringement, selling infringement, commodity name or mounting infringement, innuendo trademark infringement and well-known trademark infringement already occupy the majority of trademark infringement, the author holds that the liability principle applied to trademark infringement mainly is the doctrine of no-fault liability, secondly is the doctrine of liability for wrongs. And the suitable trademark liability principle of compensation for damages is the doctrine of liability for wrongs and the equitable liability doctrine. Concretely speaking, the doctrine of no-fault liability apply to use infringement, Selling infringement, commodity name or mounting infringement, innuendo trademark infringement and well-known trademark infringement, but the doctrine of liability for wrongs apply to the identification of trademark infringement, assisting infringement and domain name infringement.Finally, basing on the analysis above, the author puts forward some suggestions for the relevant legislation of our country.