An Empirical Analysis Of Trademark Infringement Judgment

Determination of trademark infringement is the core of system of trademark right, Correctly grasp the determination of trademark infringement is reasonably protect the interests of registered trademark rights and balance of interests of the community. In today's increasingly competitive circumstances of market economy, trademark giant as an intangible asset, increasing their status and importance. Accompanied by new and complicated trademark infringement, how to grasp of trademark infringement judgment has become the key to judicial organs in the trial of cases of trademark infringement dispute.The current research of academic theoretical circles on the issue of trademark infringement judgment disputed brought confusion to the law enforcement agencies. From the perspective of judicial practice, re - examining the rationality of the law on trademark infringement of regulations, Identify the Legislative Council on the deficiencies of trademark infringement judgment regulations, it is resolve trademark infringement to determine the root of the problem. Therefore the article on the basis of the Sino - US trade mark infringement trial practice and exploration of law enforcement on trademark infringement judgment standards, determination of subject and determine factors in the judicial practice and application. Analysis on the United States in different legislative system on trademark infringement judgment application of difference, and on the basis of theoretical studies on the improvement of trademark infringement judgment put forward their views.Article first theoretically introduced in the current academic study, many problems exist differences on trademark infringement judgment. Sum up the main focus on trademark infringement judgment standards, determine the subject and judgement factors for consideration. The Heritage protection of trademark theory of"Likelihood of confusion"of judging standard, and to determine the main consumers expanding from the sale to the pre - sale, after - sales of consumers. The US Circuit Court on his trial basis of the experience concluded of a reference standard for the determination factors. Many scholars also discussed China has adopted the"Likelihood of confusion"of judging standards, with related public attention as the standard to determine trademark identical or similar, Theory is the basis of"china's Trademark Law"and the judicial interpretation of the relevant provisions. Analysis to the United States trademark infringement cases found in China on trademark infringement judgment is not completely like the United States used"Likelihood of confusion"judging standards."listed"of criteria is china's trademark infringement judgment standards,"Likelihood of confusion"of the criteria is on the basis of just case. china's judicial practice of application for determination of the main, appears diversified development,"Consumer","Consumer","public"mixed - use, make fuzzy on judgment of mainstay in china's trademark infringement.finally, to avoid out of theoretical research and practical conditions, suggestions proceed on the basis of judicial practice for trademark infringement judgment theory of restructuring. china's trademark infringement judgment standards should be adopted"dual structure", strictly regulate the"public"of meaning and decision of trademark infringement facts on the basis of trademark infringement types.