A Study On The Legal Problems Of Reverse Confusion Of Trademarks

With the rapid development of market economy, people’s rights consciousness constantly improve, the field of trademark infringement is paid more and more attention. To confuse the issue of trademark, we usually think of is the trademark after using the people hope to use market position or influence the use of the trademark in the first person, use the same or similar trademarks, so that the public mistakenly believe that the trademark use of people after the products derived from the people or the first use of trademark and trademark use of people with a first contact. This confusion is positive confusion, which is commonly confused. In fact, the trademark confusion and a form, that is, the reverse confusion. Reverse confusion is market position or influence the use of trademark after the people are better than the first use of a trademark of powerful people, he used the same or similar trademarks, will make the public mistakenly believe that the use of the trademark,the first person of goods or services from him, or with his affiliation, the infringed trademark rights to the use of a trademark of the people, but also hindered the development of thepeople first use of trademark.This article first carries on the analysis to the basic theory of trademark reverse confusion.Study on the origin, the concept of difference of reverse confusion, similar concepts and theoretical basis. After analyzing the situation of China’s trademark reverse confusion. The main analysis of trademark reverse confusion of legislative and judicial status quo system and its dilemma. Then through the research on the international trademark reverse confusion, mainly is the trademark reverse confusion America legal system, to providereference to perfect our system of reverse confusion. Finally, to perfect the relevant legislation of trademark reverse confusion of trademark reverse confusion, determine thestandards, the formulation of a more comprehensive and also a more reasonable trademark reverseconfusion compensation measures, in order to perfect our system of trademark rights,protect the legitimate interests.