Analysis Of Trademark Infringement

In today’s competitive market, brand is become in commodity competition has an irreplaceable position, monopoly customers become one of the most effective means, has the trademark rights of merchants a exclusive rights, at the same time, because of their unique to the unlimited expansion. As a market leader, governments in order to maintain order in the market, fair competition, to take various measures to properly limit of trademark right. On one hand we should reserve enough space to create a fair and reasonable business competition business environment, so that the trademark owner and the competitors’ interests balance; on the other hand, when the trademark owner’s" right" to beyond the range expansion of the essence, not just limit the business operators of the trademark use behaviors, leading to the other competitors normal activities were restricted, it will damage the function of market competition, not conducive to the development of market economy, and even will distort, obstruct the normal operation of the market, will damage the interests of consumers. Always thought of trademark infringement in China is to use standard mark and goods are of the same type or approximated as trademark infringement judgment standard, this completely violated trademark law to safeguard fair competition in the market of value orientation, we should make timely adjustment. Along with our country economy and the rapid development of science and technology, new enterprise survival and development of space to expand further, new types of commodities means the new birth rights, such as the network domain name, IP address, on these emerging corporate logo to register in time, in the network space development to preempt a legal base point. At the same time, the administrative departments of the trademark licensing discreet. Of course, compared with international standards, our current trademark infringement cognizance standard is not mature enough, the two have substantial differences, specific performance is mainly embodied in the following two aspects:the logical sequence of different, even taking into account the judiciary through judicial interpretation of China trademark infringement cognizance standard was revised, China still will whether there is the possibility of confusion as the trademark logo is similar to the judgment standard, international standard is more emphasis on the connotation of a trademark, pay attention to the use of behavior may cause customer confusion. Whether the service is identical or similar to a judgment as to whether or not the conditions of possibility for confusion; and international standards is a trademark and trademark goods China trademark infringement judgment standards emphasize the trademark external form, pay attention to the use of trademarks and trademark registered trademark is similar, but not considered as trademark actual user consumer impression. As a WTO member, have an obligation to make China’s" trademark law" reach the agreement of TRIPS protection level and requirements. China’s current trademark infringement standard significantly deviates from the TRIPS agreement on trademark infringement judgment standard and the specific provisions of the spirit of the legislation, trademark infringement in China therefore cannot modify standard.