The Comparative Study Of Confusing Trademark Infringement Between China And America

Trademark rights in today’s economic society in effect more and more important.It can be said that the competition is the trademark influence competition between bigcompany. At present our country trademark infringement cases emerge in endlessly, inthe form of direct, simple and the fake form gradually to a hidden, senior form, so howto find trademark infringement is particularly necessary.This article through to the confusing trademark infringement problemscomparative study, the purpose is to analyze the two countries trademark infringementconfuse the similarities, from legal approach to discuss how to solve the problem thatinfringement trademark confusion; And hope to be able to adopt the Americantrademark infringement confusion legislative, judicial practice of advanced experience,based on perfect our country’s trademark confusion legislation suggestion.There are four parts in this paper. The first part simply introduced the definition ofthe trademark infringement, as well as the two countries the legislation on trademarkinfringement. The second and the third part of the two countries mainly introduced intrademark positive confusion, reverse confusion on the similarities and differences ofinfringement, and put forward the perfect our country’s trademark is confused, reverselegislation suggestion. The fourth part introduced to China and the United Statestrademark confusion of the provisions of the infringement exception, and in the light ofthe change of the trademark law draft is put forward to perfect our trademarkinfringement of confusion limit Suggestions.