The Study Of The Infringement Of Trademark Reverse Confusion

With the further development of market economy in our country, the trademark in the market value is highlighted increasingly, at the same time, in the field of trademark ACTS of unfair competition intensifies, the malicious registration and use of trademark infringement is becoming more and more frequent, trademark reverse confusion behavior which is a kind of new trademark infringement. Trademark reverse confusion originated from the judicial precedent in the20th century in the United States, and many classic cases from extracting effective regulation rules. In China mainland area, until the reverse confusion at the turn of the century "freezing point" in the first case, the attention of academic circles and judicial practice. Trademark reverse confusion behavior violates the principle of fairness and justice of law, hindered the matter to the trademark rights people rights relief, has violated the trademark obtains the principle and aim of trademark law, at the same time, according to the economic efficiency and the theory of psychology, the behavior not only infringes the trademark rights and the legitimate rights and interests of consumers, and the efficient and orderly market competition order, is not conducive to the development of small and medium-sized enterprises and protection.Reverse confusion infringement regulation system is an important, such protection of rights and interests of small and medium-sized enterprises system, through to the public from confusion and protect the interests of the trademark all people, and to ensure fair competition, protect consumers’rights and interests. United States clearly acknowledged, and reverse confusion and initially sums up the confirmation standard, Taiwan and other countries and regions have similar system. However, the current trademark law in our country and the2013revised trademark law is lack of the effective regulation system of trademark infringement, the lack of legislation in judicial operation. Our country should draw lessons from the advanced international practices, clarify the infringement status of reverse confusion, clear, the applicable scope of the reverse confusion by registered trademark expansion to the registered trademark, and by "brand" to trade name, packaging decoration and so on, a clear definition of the concept of "confusion of expression, clear in reverse confusion comprehensively apply the principle of no-fault liability in tort, reverse confusion of property and property class assume liability to pay compensation.