The Psychology Analysis Of Trademark Infringement Judgment

Cognitive network from the perspective of cognitive psychology, consumershave been able to recognize brand shopping is already stored in the memory ofconsumers this product information, product information is a lot of information nodesconnected consumers memory. The function of a trade mark is the consumers see thetrademark will be able to through pattern recognition activation consumers memorytrademarks node and diffusion activation with information about the node to access toinformation, and ultimately identify the source of goods. The reason why consumersconfusion is due after the use of human behavior, so that consumers see whenidentified after consumer memory on the cognitive network of the earlier trade markis activated, resulting in consumers mistakenly believe that after identification affixedattached to the goods trademark. Desalination is the cognitive network due to the useof human behavior in the post, making the well-known trademarks in the consumer’smemory has changed, weakened well-known trademarks and only specific sourcecontact, or reduce the influence of well-known trademarks in the minds of consumers.Psychology explains the multivariate analysis method used to determine thelikelihood of confusion, trademark approximate two identification integrated similarin sound form and meaning so that consumers see when identified after earlieridentified cognitive network is activated, consumers mistakenly believe that twoidentical or associates; consumer First identify the network is activated, the consumerawareness network nodes trademarks and trade are closely linked, consumers shouldalso consider whether the goods the two similar product similar means consumersbelieve that the two products have the same value in use; For significantly highlytrademarks, consumers see when identified after earlier identified cognitive networkthe easier it is activated, the more prone to. confusion; For those high-profiletrademark, even if the two marks are not similar or goods after identification Similarly,consumers will be mistaken for an association between; consumer receives stimulatethe attention of the information whether the confusion that has a great impact, even ifthe trademark is sufficiently similar, the product is similar enough, as long asconsumers are not subjected to sufficient attention, need not lead to confusion; directproof of actual confusion evidence indeed consumers and confusion of great helpdetermine the existence of a likelihood of confusion. Dilute the possibility of the decision to consider whether it will cause asignificant proportion of consumers memory of well-known trademarks cognitivenetwork changes. Dilute the possibility of the decision to consider the followingfactors: the determination of well-known trademarks; trademark similarity; whetherthe degree of overlap of the consumer market and human behavior in thepost-commercial use. For the determination of well-known trademarks, is whether asignificant number of consumers memory formed a network of well-knowntrademarks and the only particular source associated cognitive, consumer awarenessnetwork formation is based on the use of the mark, considering the trademark useconditions; degree of overlap of the consumer market determines how muchconsumers can occur dilute; after the use of human behavior which would be fair use,use consumer awareness intentional change in the network, even if the desalinationand it is not prohibited.