Discuss About Principle Of Confusion In Judgment Of Trademark Infringement

The principle of trademark confusion, as a main principle of the United States and Europe while judging trademark infringement, has great value for trademark protection. Likelihood of confusion is an important criterion to determine trademark infringement under the principle of trademark confusion. The paper starts of analysis the basic content of confusion, through analysis of European and American trademark infringement rules and regulations under the criterion of likelihood of confusion and its expansion of the principle of trademark confusion, most focus on analysis of present relevant laws and regulations, judicial interpretation of the provisions and judicial precedents in China, and finally put forward the author's own thinking and suggestions of the principle of trademark confusion in China.The paper's text consists of four chapters.Chapter 1 is about the basics of trademark confusion. From the start of analysis the basic content of trademark confusion, then leads to the principle of likelihood of confusion, and finally give an introduction of traditional type of trademark confusion and provisions of trademark infringement of Europe and the United States under the principle of likelihood of confusion.Under the basis of Chapter 1, the expansion of the principle of likelihood of confusion are described in Chapter 2, which includes reverse confusion, multiple source confusion, pre-sale confusion, and after-sale confusion. At the same time the author analyze the considerations for likelihood of confusion in Europe and the United States around the principle of likelihood of confusion.By Chapter 1 and Chapter2, we could define that the principle of likelihood of confusion (principle of trademark confusion) is an important and international criterion to determine trademark infringement at present.Chapter 3 is the focus of this paper. Firstly, comprehensive review current rules and regulations in China and try to find out the provisions of principle of likelihood of confusion. Secondly, try to find out cases which could reflect principle of likelihood of confusion in China. And finally summarize factors to be considered while determining likelihood of confusion in China.Based on the above three chapters, the author put forward his own thinking about principle of trademark confusion in China in Chapter 4. Firstly, compared Chapter 3 with Chapter 1 and Chapter 2, the author elaborates that whether the principle of trademark confusion should be used as a criterion to determine trademark infringement in China. Secondly, based on the existing legislative system in China, the author put forward his own suggestions about how to complete trademark legislation in China combined with views of relevant scholars.