The Application Of Confusion Probability Theory In The Determination Of Trademark Infringement

As the mark of distinguishing the source of goods or services,trademark has been valued by modern society nowadays. With the prosperity of the market economy, trademark infringement disputes are increasing,likelihood of confusion as the most important standard should be valued. However, the relevant judicial regulation have mixed the relationship of likelihood of confusion and its elements. On one hand,this situation cannot guide the judicial practice, on the other hand,it could hinder the perfection of the elements of likelihood of confusion.With the development of the society,traditional likelihood of confusion theory cannot solve the new type of trademark infringement cases. It is a tendency that absorbing the expansionary theory, but theorists haven’t reach the consensus,which made expansionary theory lack its applicable elements and conditions and which cannot guide the judicial practice of new type of trademark infringement cases under the background of market economy. This paper will research likelihood of confusion theory and confusion expansion theory and the function of those theory in trademark infringement determination. Through drawing lesions from foreign mature judicial practice of theory,aims to improve the current application of trademark infringement in China.This paper has been divided into five parts:The first part introduces the traditional likelihood of confusion and confusion expansion theory, including the initial interest confusion,reverse confusion and post-sale confusion.The second part analysis the function of likelihood of confusion in trademark infringement determination. This part demonstrates likelihood of confusion theory is the core standard of trademark infringement determination and the nature of the protection of trademark.The third part studies the judicial application of the likelihood of confusion theory of European Union and the United states in trademark infringement determination.This part mainly focuses on the multi-factors inspection standards and judicial application of expansion theory in united states.The fourth part the legislative and judicial situation of the likelihood of confusion in our country. This part mainly focuses on the judicial predicament.The fifth part puts forward the suggestions improve the judicial application theory of likelihood of confusion in trademark infringement determinate which include: clarifying the relationship between the likelihood of confusion and its elements, figuring out the applicable elements and introducing the confusion expansion theory.