Identify To The Confusion Of Trademark And The Designation Or Decoration Of The Goods

With the coming of information age, the trademark has become a very important business logo, the number of registered trademark is rising. Trademarks has the function to indicate the source of goods, in order to make an guarantee that the public can quickly find out the goods or services they need. Trademark confusion is one of the common means to destroy the indicating function. In the trademark infringement cases, most of the traditional confusion found between one trademark and another one, while the new type has an expansion tendency that is the confusion of registered trademark and the designation or decoration of the goods. This kind of new-style confusion has a subtle way, a series of factors which are complicated to identify and this case is difficult to deal with.This paper firstly make an outline of the theory of trademark confusion, which includes the definition and classification,and at the same time, comb the factors of trademark confusion which cover the subject, object, objective factors and subjective factors. Secondly, identify to the confusion of trademark and the designation or decoration of the goods, which are involved in some factors, such as to identify the range of the subject, to compare to the object and the objective factors, subjective factors of inversion of the burden of proof and the public survey data will be accepted by the court. At the same time, the standard in the trademark legislation summarized from most foreign countries and regions which is the likelihood of confusion, it combines with multiple factors to identify the trademark confusion and a new evidence which is called consumer survey application to the justice. Finally, I put forward the suggestion of revision of the Trademark Law, the Trademark Review and Adjudication Standards and the implementing regulations of the trademark law.The main purpose of the paper is to abstract the factors from the confusion of trademark and the designation or decoration of goods and to accomplish the application of law clauses. In order to fulfill this purpose, the judicial practice of the trademark confusion must be summarized, the new features of trademark confusion, the specific circumstances and the overseas experience must be studied.