Research On The Confusion Theory

Distinguish from different the merchandise or service is one of the most basic function of the trademark. The existence of likelihood of confusion cuts off the relationship between the trademark and the merchandise or service, and brings about the source mistake or misidentification of relationships when the related public purchasing merchandise or choosing service. Thus the basic distinguish function of trademark can be destroyed. Thus, the standard of likelihood of confusion should be the basic standard to identify the trademark infringement, this is the inevitable choice of judicial practice in lots countries.Though there is boundary in Chinese trademark law and related judicatory explain for definitions of confusion possibility and there is further judgment principle to determine same or similar trademark, the confusion possibility judgment cannot perform its function during the process of judgment because there is no regulation of other factors may affect confusion possibility, such as, the attentiveness of general public, actual confusion, the subjectiveness of the accused sign users. Therefore, the standard of likelihood of confusion cannot play its role properly.This paper focuses on the likelihood of confusion, analyzes the relationship between likelihood of confusion and approximation theory as well as introduces the rules of the trademark infringement in the United States. Then, the article discusses the deficiency of cognizance standard of the trademark infringement, hope can give some suggestion to the standard of the trademark infringement.