Trademark Infringement Judgement

Trademark infringement refers to the use of trademark in the same or similar goods orservices without the consent of the owner of the trademark, unauthorized use of atrademark identical or similar to the registered trademark logo which damage thelegitimate owner’s rights. it not only violates the legal rights of the trademark owner, butalso contrary to the principles of equality, harm the interests of consumers, disturb Theorder of the market economy. Trademark infringement as the core content of the trademarklaw, plays an important role in defineing contemporary social trademark disputes, maintainthe normal order of the market, the trademark law has modified twice, but with China’saccession to the world trade organization, and the further development of the socialeconomy, the social practice there has been a lot of new situations, we can also be difficultto apply the law, this article focuses on environment that our country is planning the thirdmodification of the trademark law, take the trademark infringement judge as the coreproblem, trying to comb the trademark infringement theroy of our country,hoping tocontribute to the trademark infringement legislation modification and the theory system.This paper mainly introduces the basic theory of the trademark infringement, trademarkinfringement behavior of the established condition and the determination of the specificfactors, and in the light of the contemporary social and economic situation, to makedetailed qualitative and responsibility identification of the trademark infringement. The fulltext is divided into five parts. The first part mainly introduced the basic theory of trademark infringement. Thispaper discusses the general theory of trademark,the trademark rights and trademarkinfringement, etc. The second part mainly introduced the key factor of trademark infringementdetermination, namely the components of the trademark tort, set the "confusing possibilityand goodwill damage" as the standard criteria to judge the infringement. The third part mainly introduced the specific factors of the "confusing possibility" trademark infringement determination criteria, including the same or similar trademark, the same or similar goods and other factors, and analyzed how to judge each considerations in judicial practice, the text also introduces the goodwill damage shall consider some factors, including trademark dilute and defiled, etc.The fourth part mainly introduced the new trademark infringement behavior in the modern technology conditions, such as the nature and responsibility determination of trademark tiepai processing and trademark reverse confusion, and also involved the trademark infringement characteristics and responsibility identification in the network environment.The fifth part mainly introduced the the determination of the trademark infringement in the third modification of the trademark law. analyzed the first two modification of the the trademark law which is about the provisions of the trademark infringement judgement, and points out that the leakage of the current regulation, point out the necessity and feasibility of the third trademark law change. According to the analysis,put forward to some Suggestions about the third trademark law modification.