Research On Trademark Infringement Of Reverse Confusion

Since China’s reform and opening up, with the gradually in-depth development of market economy, trademark is no longer just to play the role of a commodity, it cohesions the goodwill value of the trademark owner’s long-term business, and it is a great intangible assets. Trademark is an important weight to win consumers and expand market share. However, because of the huge commercial value embodied trademark, in the field of trademark infringement is growing, and the infringing manner is also increasing. Trademark infringement of reverse confusion is a new type of trademark infringement.In recent years, cases of trademark infringement of reverse confusion are common, however, due to the lack of legislation, it is resulting in judicial determination very difficult, a judge of such cases can only quoted the forward confusion theory and the relevant laws and regulations, which leads to a lot of unfair judgment, and it triggered a warm academic attention. This paper intends to study on trademark infringement of Reverse Confusion to improve the relevant legislation.This article is divided into five parts to analysis and research trademark infringement of reverse confusion.The first part is the definition of trademark infringement of reverse confusion. Firstly, it describes the origin and development of reverse confusion, and then describes the meaning and characteristics of the trademark infringement of reverse confusion. Finally, it analyses the relationship between the reverse confusion and other relevant concepts, in order to accurately define the reverse confusion infringement.In the second part, it states the theoretical basis for trademark infringement of reverse confusion. Firstly, it describes from the theory of jurisprudence, economics and psychology, and then analysis the theoretical to inspect the legitimacy for regulation of reverse confusion, in order to make clear why should regulate reverse confusion infringement.The third part is the study of the legislative mode for foreign trademark infringement of reverse confusion. Firstly, it inspects the legislative mode of reverse confusion infringement regulation by inspecting the United States, Japan, the European Union and the world trade organization (WTO), and then by comparative analyzing different trademark legislation making a different regulation for reverse confusion infringement. Finally, draw lessons from the beneficial, and perfect our tort legislation.The fourth part is the present situation and problems of China’s regulation for trademark infringement of reverse confusion. At present, our country has no legislation for reverse confusion infringement, court decision only quote the forward confusion theory when judge reverse confusion infringement. Firstly, it inspects the present our country can invoke the confirmation correlation method of infringement, and then analyzes a series of problems caused by the lack of legislation of reverse confusion infringement. Know inadequacy in order to perfection, and it laid the foundation for the following legislation.The fifth part is the suggestions to improve China’s legislation for trademark infringement of reverse confusion. This part mainly from following aspects to put forward some suggestions to perfect our legislation of tort law of reverse confusion, such as reverse confusion listed as a trademark infringement, uniform mixing degree, establish the principle of responsibility for reverse confusion infringement, and compensation for the loss of goodwill, in order to improve and perfect the system of China’s trademark infringement of reverse confusion.