Judicial Judge Of Trademark Infringement In China In The Perspective Of Trademark Confusion And Trademark Dilution

To the judicial cognizance of trademark infringement behavior, the key lies in thescientific and reasonable judicial cognizance standard of trademark infringementbehavior. For the cognizance of the trademark infringement behavior, the trademarklaw system of our country is similar trademark and approximate goods standard, andwell-known trademarks protection standard. Similar trademark and approximategoods standard is to protect the ordinary standard trademark, as a traditionaltrademark infringement cognizance standard in our country. Well-known trademarkinfringement cognizance standard is a kind of protection of well-known trademarks.Because the similar goods and approximate trademark standard and well-knowntrademarks across class protection standard that there is an obvious unreasonablephenomenon, is not conducive to China’s trademark protection, and academic andjudicial circles have called on to be modified. But if the modified, what is the specificstandards? To this, everyone’s view is different: trademark confusion standard andtrademark dilution standard, trademark distinctiveness standard.This paper consists of three chapters. I use the analysis comparison method,literature analysis method, case analysis method. Through research and discussion, Ithink trademark dilution trademark and confusion standard should be adopted. I thendiscuss the advantages of trademark dilution standard and trademark confusionstandard as well as the problem of the traditional trademark infringement cognizancestandard and well-known trademark infringement cognizance standard.In the first chapter, through comparing the foreign trademark legislation oftrademark confusion and trademark dilution and according to the evolution of thetrademark functions, I think trademark confusion and dilution should be standard oftrademark infringement. This chapter mainly discusses why standard of trademarkconfusion and dilution standard should be used as the judicial cognizance oftrademark infringement and what the specific content of the two standards are.In the second chapter discusses our country traditional trademark infringementcognizance standard in which problems exist in the practical application, and underthe perspective of trademark confusion how to solve these problems.In the third chapter discusses our country well-known trademark infringementcognizance standards which deficiencies is in practice as well as under the perspective of trademark dilution how to solve these problems.In the theoretical circle and judicial circle, for trademark confusion and trademarkdilution that there are still many problems to be solved, I hope that through furtherstudy and practice, I can do more in-depth study and research on these issues.