Legal Issues Of Trademark Reverse Confusion

Trademark confusion is a crucial part of Trademark infringement Theory, and it is the one basic element of trademark infringement. The development of commodity economy, there are more new social relations, such as the "Mustang" trademark infringement case that happened in the United States, which made anti-to confuse the concept began to appear in people's vision, and a spate, of such domestic trademark infringement cases, which le to the theory and judicial circles mark the beginning of the reverse confusion theoretical study and practical operation of the attempt.Forward compared to traditional trademark confusion, reverse confusion misleads consumers to think that the trademark owner's goods and are attached to its trademark on the people from trademark infringement, trademark infringement or people with some kind of relationship. The generation of reverse confusion in trademark infringement results from that people use the same with the owner of the trademark or similar trademarks for their products launched intensive advertising, it has a well-known trademarks and trade quickly, thus greatly limiting swallowed or trademark on the mark control over many consumers due to its massive publicity campaign and confusion, so that a trademark owner of the trademark or indication weakened gradually disappears.Trademark legislation is based on the consumers and the protection of trademark owners, and the maintenance of fair market competition, the purpose of trademark legislation must prohibit the reverse confusion, and reverse confusion trademark infringement as a stand-alone mode set down. But comparing with the confusion with the traditional forward and reverse counterfeiting and other more mature theory, reverse confusion theory of trademark infringement does not form a complete system, the theory of domestic still relatively fragmented.This article is intended by domestic scholars to mark the current theory of reverse confusion and the study concluded that domestic and foreign research data collected on the basis of reverse confusion theory of trademark for a certain degree of elaboration and discussion, this paper is divided into five parts, as the following brief description.The first section describes the development of trademark reverse confusion theory. The main part of the proposal from the concept of reverse confusion, reverse confusion abroad, the gradual development of the theory, a typical case of domestic reverse confusion and reverse confusion trademark confused with forward, reverse fake Analysis in terms of reverse confusion theory introduced by foreign and domestic cases and judicial treatment of the typical pattern of a brief description, so that people gradually realize that the traditional reverse confusion trademark infringement and trademark infringement very different pattern.The second part is about the analysis on the hazards and prohibits of the reverse confusion. Through the trademark rights of people harm, harm to consumers and prohibits the legitimacy of the three parts of reverse confusion started. One part of the harm trademark reverse confusion will be reduced from the trademark owner of the trademark control over the trademark rights of people being hindered trademark infringement and related fields point to market development, discourage the development of the trademark owner of the trademark and design aspects; an infringement of consumer rights is to enable consumers to buy environment and in normal conditions, weakening or loss of the case involving the identification mark to make the wrong choice. Small part of the third part, which prohibits the legitimacy of reverse confusion, reverse confusion based on the hazards, from natural rights theory and the principle of equality prohibits the reverse perspective of the philosophical foundation of confusion.The third part is the reverse of trademark infringement Elements of confusion, this part of the lengthy, as part of this article focusing on one of the draws in part on the constituent elements of traditional tort theory, the reverse confusion trademark infringement on the composition of elements of the composition of a theoretical attempt. These include the following sections, which mark the user's position in the market after stronger than prior users, the average consumer should appear cognitive confusion, cognitive confusion with the trademark after the user's behavior in a causal relationship, the exclusion of subjective fault, does not constitute trademark infringement reverse confusion case. And then further expand its discussion of the various parts, such as "the average consumer should appear cognitive confusion" section, determined from the average consumer, the identification of areas such as confusion started.Part V reverse confusion trademark sound system of legislation is also the part of this article focusing on the part of the following aspects:a clear scope of reverse confusion, a clear principle of attribution of reverse confusion, reverse confusion clear relief measures, the previous sections of this part is done on the basis of discussion. This non-property responsibility in Part IV further elaborated on the basis of a more detailed analysis, and finally reverse confusion for trademark infringement damages amount calculated for further study.