Study On The Determination Of The Trademark Infringement

With the further development of the global knowledge economy, as a "silentsalesperson" trademark has become a business card showing good goodwill.Trademark as an enterprise value of intangible assets is also gradually be valued anddeveloped, it also plays a weighty role in socialist market economy competition. Inrecent years, because of trademark infringement cases and into court has growing andpersistence in China. The tort form also appears a complex and diverse trend, how torecognize and correct nature of the definition of trademark infringement areparticularly necessary.In current judicial practice, more complex problem to identify trademarkinfringement is the legal nature of trademark infringement, whether cause consumer’sconfusion, indirect trademark infringement and the network trademark infringement.With the further development of the market economy, It is a necessary link to identifythese several aspects for trademark infringement. However, from the academicachievement of theoretical research in China and abroad, relating to infringement ofthe Trademark most limited to the principles of tort, infringement of trademark rulesand other aspects of the content. Only several scholars to attention these aspects andthe relief of trademark rights, so it is necessary to strengthen the study of thesedimensions.Based on the above analysis, this article through the analysis of the legal natureof trademark infringement thought that trademark infringement is an act of illegalfacts; therefore it is need to protect the prior rights of the people by legal means. atthe same time, this paper make several specific recommendations to perfect ourcountry’s trademark infringement system, Mainly include confusion probabilitystandards as a precondition for trademark infringement, should be based onAnti-well-known trademark dilution standards to protect the unregistered well-knowntrademarks and clearly defines the essential elements of indirect trademarkinfringement.