Research On The Determination Between Similar Trademarks And Similar Goods In Trademark Infringement

In trademark infringement cases, the affirmations of similar trademarks and similar goods are two difficult issues both theoretically and practically. The judges take the “confusingly similar” criteria. However, several logical errors took place. This thesis aims at clarifying the relationship within three pairs of concepts: the likelihood of confusion, the similarity of trademarks, and the similarity of goods.This thesis mainly adopts the comparative and empirical research methods. The thesis compares and analyzes the legislation and judicial practice among several countries. With regard to the empirical research, this thesis retrieves both the judgments applying the new Trademark Law, and beyond “Classification Table” in trademark rights confirmation.The body text has been divided into four chapters. The basic theory of the trademark infringement is the first chapter. The second chapter demonstrates the role of “ similarity ” in determining the trademark infringement. The third chapter discusses the doctrine and rules in determining the degree of similarity between the trademarks. The last chapter focuses on the rules in determining the degree of similarity between the goods.Many disputes still exist in Chinese trademark judicial practice. This thesis summarizes basic elements to be considered in determining trademark infringement, which could provide some references to Chinese judicial practice and thus improve the theory of trademark infringement.