On The Determination Of The Trademark Infringement

Trademark, an indispensable part of the intellectual property, has been playing an increasing important role in the modern society, and in a sense, large companies focus their competition mainly on the influence of their trademarks. It is necessary to acknowledge trademark infringements when such infringing acts are emerging one after another and has developed from the simple trademark counterfeiting to a higher and concealed level in China. One of the most important and complicated issues regarding the infringement acknowledgement in the trademark law is how to determine whether the involved commodities and trademarks are identical or similar and whether such identity or similarity has causes confusion among consumers. It is advisable to give a thorough research since such acknowledgement is indispensable for and crucial to each decision of trademark infringements. In accordance with the laws in effect in China, this paper tries to analyze and discuss such issues as the acknowledgement of commodities and trademarks and the possibility of confusion. Finally, it puts forwarder new measures may be taken in the trademark law and suggestions to better the laws regarding the acknowledgement of the trademark infringing acts in China. Please be noted that this paper is about the traditional commodity trademark infringements, excluding the internet trademark infringement.