Identification Of The Likelihood Of Confusion In Trademark Infringement

The standard of approximation is not a trademark infringement, But in that two trademark is likely to cause the relevant public confusion shall take account of the factors, "Easy to cause confusion" is the standard that right to the exclusive use of a registered trademark has been infringed. Apply the second paragraph of article 57 of the trademark law of current recognized trademark infringement shall conform to the specified requirements, Such as trademark similar or identical, easy to cause public confusion, confusion of subject and scope. These requirements are consistent to "confusion possibility", "confusion possibility" is not a brand approximate elements that should be considered. Therefore, it is necessary to comb the trademark approximate relationship with the "confusion possibility", reflects the "confusion possibility standard" benchmark sexual role in trademark infringement.In this thesis, the general idea is: Silver pheasant trademark for bill, for example, summarized its controversial focus and the embodiment of legal issues confused about the case and relevant theory, practice analysis, finally from the application for trademark registration, use and protect the three stages of legal applicability of this kind of case to discuss. The main content is divided into three parts:The first part is the case. Through a comprehensive introduction of silver chicken trademark for bill, induces the main problems in this case issue:1. The dispute whether trademark and cited trademark for similar mark;2. The trademark dispute with the cited trademark is likely to lead to the relevant public confusion. By introducing the court of first instance and second instance court, retrial court to answer the two problems issues based on different facts and law, the author attempts to summarize the supreme people’s court to "trademark approximation" relationship with the "confusion possibility" :Trademark law in the sense of approximate contain confusion, not just the appearance of approximation, confusing possibility is the necessary part of trademark approximate trademark approximation is confounding.The second part is the issue of the legal problems of the case analysis. Based on various issues relating to explain the concept of the proposed theory and judicial practice, combined with relevant analysis first approximation and the concept of a trademark how do the same, and then from the perspective of "easy to cause confusion, the comprehensive analysis of the" confusion possibility "recognition of the conditions and with the" approximate "trademark, the relationship between" trademark infringement ", "confusion possibility" is the conclusion of the standard of trademark infringement.The third part is on the basis of above analysis discusses the legal application of trademark infringement cases. Based on the particularity of the trademark dispute cases, the author tries to trademark registration application, use and protection of the three stages to explore how to apply the "confusion possibility" standard.