Identification And Processing Of Trademark Infringement

With the quick spread of the public mass media and the increasing frequency of the transnational business, the value of the trademark which is regarded as an intangible assert of the enterprise is growing with each passing day. It's said that the most highly competitive medium is the trademark. As a special distinction and commanding sign, and a kind of the cultural phenomenon, the trademark is becoming part of our life. The trademark, especially the well—known one, is not only an essential mark. How to protect it rationally is related with the existence and development of an enterprise even a nation in a high competitive world. Nowadays, the cases about the trademark tort are emerging one after another, whose form of expression is from the direct and simple imitation to the concealed advanced one, therefore, how to definite the trademark tort is especially necessary. One of the very important and complex question in the trademark tort is to identify the trademark, the identical or similar goods, and judge whether it makes the customer confused. The identifications above are necessary in each case of the trademark tort and the critical function to judge the decision of the whole case, so it's essential to probe into these aspects. The author is engaged in trying the intellectual property rights cases for a long time and tries more cases about the trademark cases. The essay inquires into the identification of the trademark tort involving the identification standard, the proof of decision, the main methods and the suitable principle in the judicial practice from the angle of trial. There are six chapters in the essay.In chapter one, the author expounds the essential theories on the trademark and the trademark tort, and also respectively discusses the concept and function of the trademark, and the connotation, pattern and manifestation of the trademark tort.Chapter two is about how to identify the identical and similar goods and mainly about the identification of the similar goods.Chapter three involves the study of the identical and similar trademark and mainly puts the identification of the trademark similarity.Chapter four contains the related elements in deciding the confusion and the confusing difference between the analogous goods and similar trademark and the reasonable usage of the trademark which influences the decision of the confusion.Chapter five is combined with the justicial practice to suit the legal rules and select the application, to identify the famous trademark and protect the different kinds of the trademark, to identify the relationship between the damages and the free adjudication and to put forward the concrete conduction advice.In chapter six, the author analyzes the legislative situation of the trademark in China and points the existing questions, at the same time, puts forwards the suitable advice in the legislation and administration of justice in the trademark protection.