Study On The Issues Related To Trademark Reverse Confusion

Reverse confusion as one form of trademark confusion , is different form traditional forward confusion. In fact, reverse confusion is not a traditional concept of trademark law. It's extracted from a series of the United States case since seventies of the 19th century. But it's significant to equally protect the interests of the trademark owner, especially has a great significance to protect the interests of small and medium enterprises in today's market economy. Meanwhile, in fact constituted, recognized standards, tort remedies and so on, reverse confusion has significantly different form traditional forward confusion. Therefore, it is necessary to conduct a systematic research for reverse confusion.In addition to the introduction and conclusion, this article is form four parts to introduce and discuss reverse confusion.The first chapter analyzes and describes the basic issues related to the reverse confusion. Focuses on analyzes the concept and origin of the reverse confusion,at the same time ,specific analyzes the characteristics of reverse confusion.The second chapter main research infringement standards of reverse confusion. With reference to relevant case of United States and on the basis of analysis factors of traditional forward confusion, from eight aspects to make amendments for cognizance of the reverse confusion.Chapter three discuss the tort liability of the reverse confusion, includes three sections. Section one describe the difficulty of dealing with the case of reverse confusion; Section two analyzes the elements will affect the judge's decision.Section three made some comments with how to solve the case of reverse confusion. The four chapter discusses the regulatory situation of reverse confusion in our country and how to improve it. Section one introduce the practice situation of reverse confusion in china. Section two analyzes the legal basis of reverse confusion in our country.Section three made some suggestions on how to improve the provisions of trademark protection in china.