On The Identification Of Trademark Infringement

From the civil protection point of view, China's existing legal mechanisms for the protection of trademarks, the core of the concept of trademark infringement, the judicial practice, trademark infringement is another cause of the most important reason trademark disputes. At present, China trademark infringement cases of endless forms, tort means of diversified, therefore, how to identify trademark infringements becomes particularly important. In this paper, identified on the basis of infringement of trademark violations launch the study, trying to mark our current legislative system as the main line, using civil law theory and practice of combining research methods.Around the trademark infringement of the manifestations, constitute elements, identification basis and recognized standards and discusses the elements begin to sum up trademark infringement violations, compared with specificity in general where the pairs of trademark protection put forward their own ideas and opinions.This article is divided into four parts, in the first part, the author mainly carried out an overview of trademark infringement, first of all briefly the definition of trademark infringement, and then comparing national trademark legislation on the definition of trademark infringement, trademark violations summarize manifestations and its characteristics.In the second part, the author from the "reverse passing off" behavior analysis leads to trademarks and intellectual relevance of goods in question, on this basis, respectively, discussed the confusion theory theory and Lenovo identified in the application of trademark infringement.In the third part, the author from the United States on the trademark infringement case studies identified by the starting, according to judicial interpretations of China's trademark law, especially the provisions of each analysis identified the key elements of trademark infringement, trademark infringement in China put forward on the identified principles to be followed and standards. Then, the author also discusses the rational use of prior trade mark right to use the power of the exhaustion of trademark violations and other exceptions, analysis of the trademark system to limit the impact of the infringement found.In the fourth part, the author finds that for the status quo of China's trademark infringement, from a legislative point of view put forward some of his own advice.