Study On Judicial Judge Of Trademark Infringement In China

Trademark as a kind of intangible assets, in the knowledge economy and international trade globalization of today, is playing an increasingly important role. Strengthening the protection of trademark, is not only the needs of protecting interests of consumers, producers and operators, is but also inevitable need to implement the national intellectual property strategy. However, in the China's trademark law that trademark and the goods (or service) are the same or similar is considered as the standard of trademark infringement; this standard does not accord with the function of trademark, or stops behavior of trademark infringement. The article thinks that China should adopt international standards of trademark infringement, namely the judging standard of trademark infringement of China should be likelihood of confusion as the standard of trademark infringement based on the theory of trademark confusion.The article tries introducing the basic theory of trademark infringement first, and checks generally actions of trademark infringement, then analyzes intensively the judicial standard of trademark infringement to improve the judicial judging. The article has about 34 thousand words, except for the forward and the epilogue, is divided into four parts.The first part mainly discourses the basic theory of action of trademark infringement. The part firstly defining what is trademark and explain the functions of trademark, then analyzes the means and contents of getting trademark right, at last expounds expression forms of trademark infringement.The second part mainly discusses foreign countries'judicial judging of trademark infringement. By comparative analysis of trademark infringement of judicial judge in civil law countries and in case law countries, thus the article concludes likelihood of confusion is the judging standard of the trademark infringement.The third part mainly discourses the basic judging fundamental the concrete judging factors based on expounding the definition of likelihood of confusion.The fourth part discourses the existing problems in the judicial practice and legislation in China, further puts forward suggestions of the judging standard of trademark infringement.