Trademark Infringemnet Identification By The Confusion Theory Research

"Likelihood of confusion" is just a term of the beginning of Anglo-American trademark law, then gradually accepted by the international conventions, and ultimately became the international trademark legal system in one of the basic areas, confusion theory, in Europe and America trademark law especially trademark infringement identification played an irreplaceable role, "confusion theory" is called the touchstone of trademark infringement case, almost all of the trademark infringement cases are related to the confusion theory. Even in the "dilution theory" of research and application are also inevitably applied to the "confusion theory." Based on the Western trademark legislation and trademark infringement cases in the analysis of trademark infringement, confusion theory's development, change and improvement process, to find out the confusion theory of principles and rules, combined with China's trademark legislation and practice, put forward a sound legislative proposals of trademark infringement, discusses the introduction of confusion theory of trademark infringement cases identified on the feasibility.With the help of the development of trademark law, evolution and improvement of relevant cases and judicial practice, and from the legal proceeding related to trademark infringement confusion theory of Europe and America, and the use of economic analysis of confusion In the role of trademark infringement in the logic of the full discussion of more theoretical, while the cross shows the use of interdisciplinary research for the theory of beauty; followed by the emergence of confusion theory, development and improvement of the process was informative analysis, during which to apply economic analysis, case analysis, historical analysis and other research methods, more objective performance of the confusion found in the theory in the feasibility of trademark infringement; this expansion is also the theoretical study of confusion in the use of a number of Theory of a typical confusion in the infringement case discussion found in the application. Theory of trademark infringement in the confusion of the whole system can be studied with a more comprehensive understanding of the status of theory and its future trends, combined with China's national conditions and improving the theory of China's trademark law for reference, for trademark infringement and confusion found in the theory and World intellectual property protection standards, the better for our country's economic development. Through the theory of trademark infringement and confusion found in the study of legislative practice in our country, made some of the more innovative and practical recommendations, particularly the application of expansion theory and the multi-factor test method can amend and improve China's trademark law.