A Legal Research About Trademark Confusion

Trademark as part of the intellectual property rights, is the product of the developmentof market economy. With the rapid development of economic globalization, the value of thetrademark as an intangible asset of enterprise is growing, and which has become the mostfavorable one of means of competition for enterprises. And when all sorts of trademarkinfringement behavior emerge in endlessly and become more and more complicated,confusing possibility as the prerequisite of the recognized trademark infringement has causedextensive discussion. Trademark legislations of all countries and international treaties haveestablished the confusion theory in the foundation position in the trademark law. In spite ofthis, our country’s current trademark law is no confusing concepts involved, not to mention torelevant provision. The provision that "there is a specific contact on goods" in the judicialinterpretation can be used as the basis for determining trademark confusion, but the standardis too abstract. Moreover, with the types of trademark confusion renewing, the defect of thelegislative lag has been emerging, which has great negative effects on the practicalapplication. Relatively perfect trademark confusion theory is not only an important milestonein the development process of trademark legal system, but also which is the guarantee of thehonest credit and fair market economic order, that is the meaning of this article.Overall, this paper are divided into three parts to discuss on the trademark confusion, thefirst two parts are respectively about concepts and standards of trademark confusion, and thethird part is based on practices to explore how to establish relatively perfect legislation forrelief. Specifically, through summarizing the current legislative status quo of trademarkconfusion theory and practical predicament, we analysis the deficiencies; and we drawlessons from foreign related legislation and judicial precedents and put forward a relativelyfeasible solution.