Research On Trademark Infringement Of Reverse Confusion

The essay takes the topic of "Research on Trademark Infringement of Reverse Confusion". Here it gathers much information and relevant cases to make theoretical analysis, discusses the importance and existing problems of the theory Reverse Confusion on trademark protection and then puts forward some proposals to solve the problem.There are four parts in this essay.In part1it talks about the general description of reverse confusion theory. First, it tells something about the origin and development of the theory; then summarizes different definitions of the theory home and abroad to put forward China’s definition of it on the basis of getting to know the reasonableness and disadvantages of these theories; at last, summarizes its manifestation, commonness and harmfulness on the study of China’s reverse confusion infringement cases.In part2it talks about the components of reverse confusion infringement and the definition of "Likelihood of Confusion". In this part it put forwards the correct meaning of the components of it by means of analyzing reverse confusion infringement components and its distinctiveness. Besides, it emphasizes the importance of "Likelihood of Confusion" on the definition of infringement, lists several important factors of "Likelihood of Confusion" and discusses the exceptional defense of reverse confusion.In part3it talks about the benefits protection of both parties. Specifically, it analyzes the rights and obligations of the parties and the existing law basis to find out the disadvantages of the existing law.Part4is the summary of the afore-mentioned three parts. It put forwards the necessities of making laws to regulate reverse confusion, the ways to solve disputes, the consummation of reverse confusion legislation and advices to the judicial practice.After discussing the reverse confusion on the above-mentioned four parts, the author puts forward that the trademark which is not registered but influential is supposed to be protected; that how we should make better laws on the limitation of trademark rights; that applying conditions of compulsory patent license and reference standard of license fee in judicial practice.Moreover, the author founds that we should pay attention to the legislation of trademark reverse confusion on the basis of the analysis of some trademark reverse confusion cases happened in China in recent years and some relevant theories. It is persuasive. At present, the research of trademark reverse confusion theory in China is just in the beginning, so the author hopes to promote China’s trademark legislation and judicial consummation after the writing of this essay.