A Study On The Legal Problems Of The Reverse Confusion Of Chinese Trademarks

The purpose of trademark law in our country is to prohibit the use of the goodwill of the trademark owner, to prevent confusion in order to protect the interests of the trademark owners and consumers, and to ensure the stability of the market economic order. But the confusion of the trademark with the goods or services cut off the link between the goods or services, resulting in some consumers in the choice of goods or services occur when the wrong. With the increasing frequency of market economic activities, various new trademark infringement behavior began to emerge, which greatly damaged the stability of the socialist market economy. If the trademark right is not effective because of the emergence of a new type of tort, the protection of trademark rights is an empty word. Therefore, pay attention to the research of the trademark reverse confusion theory, is to further improve the protection of trademark rights. This article is based on this point, in a large number of empirical research on the basis of "trademark reverse confusion" as the research object. By using case analysis and comparative analysis, this paper makes an in-depth analysis of the problem. It is intended to explain the theoretical connotation, main types and standards of identification. The full text consists of the following three parts:The first part is an overview of the theory of reverse confusion. First introduced the basic concept and the origin of the reverse confusion, summarized the reverse confusion of the general characteristics, and make a comparative analysis of reverse confusion and forward confusion. The purpose is to better understand the trademark reverse confusion theory and its legal regulation provides theoretical basis.The second part is the Chinese reverse confusion trademark infringement of two typical cases:"freezing point" trademark infringement case "and the new" week Moulun "v." new Lun Trading (China) Co., Ltd. "trademark infringement case, by the introduction of two cases, analysis, of current our country reverse confusion theory encountered problems, to reflect and explore confusion theory applied in China further way.The third part is the identification of trademark reverse confusion. It is mainly to carry on the thorough analysis to its constituent elements, in order to be more objective and clear the identification principle, standard, and legal liability of trademark reverse confusion.The fourth part is the trademark reverse confusion in our trademark infringement of the provisions and recommendations. Is mainly aimed at China’s current trademark reverse confusion in a trademark infringement status carries on the comprehensive elaboration. The key is to identify the existing problems, and then combined with the current legislation situation in China and puts forward suggestions for trademark reverse confusion theory in our country trademark infringement.