The Legal Regulating Of Trademark Reverse Confusion

This paper studies the regulation of trademark reverse confusion of legal problems. Trademark confusion is the core issue of trademark infringement, so far, China does not have a systematic theoretical study of the problem. In other countries, the reverse confusion trademark behavior lack of relatively uniform standards, more deepened difficult to investigate this issue.Theoretical system, therefore, to explore the trademark reverse confusion, for our country and the civil law and common law trademark law theory has important significance.In view of this, the first two typical cases of trademark reverse confusion case of "freezing" and "Blue Storm" case from the start, to put forward the trademark reverse confusion case brought the plight of Justice, and established a trademark significance of reverse confuse the issue. Chapter â…¡ the basic concepts of confusion for trademark reverse. Start from the origin of the trademark reverse confusion, and summarized their characteristics come to the substance of the trademark reverse confusion. And by the trademarks reverse confusion and forward confusing contrast clearer trademark reverse confuse the essence of the behavior. Finally, judicial practice, inductive trademark confusion reverse the harm to consumers and the earlier trade mark users. Chapter trademark reverse confusion theory from two angles. First of all start from the trademark knowledge architecture, from the trademark significant theoretical and trademarks confusingly theoretical analysis of the theoretical basis of the trademark reverse confusion. Then start from the legal point of view, from the jurisprudence, law and economics, angles of fair competition, to investigate the regulation trademarks reverse confusion theory of legitimacy. The fourth chapter is a trademark reverse confusion identified. From the principle of the trademark reverse confusion identified, recognized standards, legal liability, three angles to elaborate. Chapter V is based on the discussion of this article, combined with the status quo of the existing Trademark Law "Comments on the third draft revision of the Trademark Law, and legislative proposals. Including the introduction of reverse confusion theory of a trademark, determine the reverse confuse that standard, the refinement of reverse confusion infringement liability.