Trademark Similar Judgment Research In Trademark Infringement Perspective

Trademark is to identify the source of goods or services，the symbol of a corporaterepresentative of the image，but also embodies the credibility of efforts on behalf of ownerof the trademark，which it contains a huge commercial value. Because of this，the field oftrademark infringement cases rise，especially in the trademark "fake" acts of staggering，trademark "fake" acts not only against the registered trademark of the legitimate interestsand disrupt the normal order of market competition，while also the interests of consumersbut also brought great damage.In judicial practice， the trademark "fake" behavior can ultimately qualitativeinfringement of registered trademark of the act，a fundamental sense，the trademark"counterfeit" mark similar to the identification of a key role to play. Although according toChina’s Trademark Law and its judicial interpretation of the relevant provisions of therelevant trade mark similar to the rules, principles and methods，but，for the same case，different judges, different level of review will also appear similar to a trademark conflictidentification results, which application of the law brings uncertainty to the legitimaterights of the parties had a tremendous impact. Also, because the reference to factorsidentified a number of similar trademarks, trademarks also makes the identification ofsimilar faces great difficulties. This article as a starting point, through the use ofcomparative analysis method, the integrated use of comparative analysis and other methodsof trademark infringement trademark sense as a similar study to determine its systematicstudy, which means the administration of justice in the similar trade mark judge to make amore specific criterion.This paper focuses on the following five chapters to study:Chapter I，the scope of trademark infringement, trademark similar meaning. First needthe concept of trademark similar judgment on trademark similar to the correct definition,which is the premise of a trademark similar judgment. This chapter focuses on the limits ofsimilar goods to confuse the condition of possibility for the two angles to define theapproximation of the mark.Chapter II, trademarks approximate the confusion of the judge the possibility of theprinciple of analysis.Chapter III, Subjective criteria and objective criteria, the angle of analysis.Subjectivecriteria: likelihood of confusion identified should be subject to the ordinary consumer awareness. Confuse the possibility of objective criteria identified: Cited the use of thetrademark; cited the popularity of the trademark; and combined with the principle of caseanalysis.Chapter IV, trademarks approximate method of judgment analysis. Explain theprovisions of Article10of the analysis object to China’s Trademark Law of Justice. overallthan the method; To the Department of the method; and isolation analysis than the method.The necessity and feasibility of the proposed introduction of market survey methodology.Chapter V, improve our trademark approximate the requirement for the judge.Comprehensive combing the trademark law and judicial interpretation of the relevantprovisions of the existing problems, and propose specific amendments to the envisaged.Trademark Law Article52, first modify the envisaged. Of the following acts are violationsof the registered trademark:(a) without the permission of the trademark holders, use itsregistered trademark identical with or similar identification on the same or similar goods,and that trademark law significance on the use of behavior led to the result of confusion tothe public or the results of the strong possibility of confusion.