Research On Trademark Confusion Infringement

The basis of trademark rights for protection and protection range is based on avoid trademark confusion. Using the "confusion possibility" standard as trademark infringement responsibility legal requirement, trademark infringement responsibility, is the inevitable result of the logical trademark theory. As the trademark system evolve, trademark confusion began to appear all sorts of new form of confusion, and gradually to the attention of the legislation and judiciary in China. On August 30, 2013, 12 through session of the standing committee of the National People’s Congress on amending the law of the People’s Republic of China trademark law of the decision. The amendment of application through the trademark of the trademark law, registration, management and approval and the rights of every link, there are quite a few new bright spot, to the enterprise is larger, the influence of the new trademark law added "confusing" qualified, clear requirements of the "confusion possibility" as a trademark infringement. Obviously, "confusion possibility" theory in the position and role of the new trademark law reflected gradually, but the "trademark law" has not been a clear definition of the concept of confusion, this to the development of China’s trademark law and the international challenge is very bad. This article first chapter elaborated the role of trademark and trademark confusion theory. Starting from the subject and object of trademark confusion theory, deeply analyzes the content of the theory of trademark confusion. And when it comes to the development and changes from the traditional trademark confusion theory. In this paper, the second chapter, through a variety of different cases, and combined with different academic point of view, for domestic and foreign trademark confusion possibility theory has carried on the detailed analysis of the situation. In addition, through the analysis of several foreign processing and settle the case, the contrast of Chinese and foreign standard of trademark infringement, the deficiency of the trademark law of China is analyzed in detail. In this paper, the third chapter analyzes "trademark confusion" into law after the various problems, in detail, analyzes the existing trademark infringement to confuse a standard. In this paper, the fourth chapter embarks from the trademark confusion standards specific considerations, referring to the improvement of the theory of trademark confusion in our country, and presents the personal opinions. Integrated, this paper argues that standard should refer to national trademark confusion, from management oriented to autonomy to protect the guidance, is the key to solve the problem.