Research On The Conflict Between Business Name And Trademark

In the case of Jinghua Baodao (Beijing) glasses Co., Ltd. v. Hangzhou Baodao glasses chain Co., Ltd and other two defendants who violated the exclusive right of the trademark and constituted an act of unfair competition, The court of first instance and the court of second instance had made different judgments on whether or not the enterprise name caused confusion of customers after it has been simplified. The reason why this situation will appear is that the relevant laws have no express provisions that how to judge whether there are situations in which the public is easily confused. The judges of two levels of courts all judged by their personal experience, this may lead to the outcome of the case more depends on it. This paper focuses on the concept the classification and the subjects of the likelihood of confusion, and the effect of the actual confusion in determining the case facts, then combined with the actual case analysis.It concluded that the subject of confusion possibility are the consumers, we should examine the consumer’s psychological state of cognition in order to judge whether the commercial logo will lead to the confusion of the relevant public, and propose to introduce the consumer survey system that reflected the psychological cognitive status of consumers at that time objectively and fairly in a more scientific way.