Determining Factors And Legal Research Of Likelihood Of Confusion From The Perspective Of Word Mark

In the era of rapid socio-economic growth, people's awareness and trade activities were increased. People concern about the trademarks. In 2015, applications for trademark registration have reached 2.876 million. It is an increase of 25.85% than the last year. By the end of 2015,10 million trademarks have been effectively registered. It has reached 10.344 million and remained the top of the word for 14 consecutive years. The amount of trademark registration increase sharply. So a series of trademark disputes have occurred. Determining trademark infringements were controversy, so that there were many problems in the trademark legislation and judicial practice. By 2013, the same or similar standard had been applied by courts. This standard was different with the standard of likelihood of confusion because of legislation. In 2013, Trademark Law was amended and it was the first time for the standard of likelihood of confusion to be introduced. In this paper, the author will analyze the factors of likelihood of confusion because of complexity and urgency.The paper will focus on the word mark. Cases study and comparative method will be applied to the analyses of the problems of likelihood of confusion about word mark. Interdisciplinary analysis method will be used to study the determining the factors of likelihood of confusion. On the basis of the differences among China, USA and European Union, paper finally proposes suggestions of improvement of determination of the likelihood of confusion.This paper is divided into four chapters. In the first chapter, it is an introduction of background, current research and the innovation of this paper. In the second chapter, it introduces the basic theories of likelihood of confusion about word mark. It begins with the meaning and functions of the word mark. The basic theories of cognitive psychology and language of logic will be applied in this part. According to the basic analysis of current legislation among China, USA and European Union, the problems of likelihood of confusion will be put forward. In the third chapter, the factors like the approximation of word mark, approximation of products, significance and popularity of the word mark, attention of the relevant public will be analyzed. In the fourth chapter, the suggestions of the likelihood of confusion about word mark will be presented. The theories, the judicial measures and legislative suggestions of likelihood of confusion about word mark will be improved. Using cognitive psychology to analyze attention of the relevant public and using language of logic to analyze significance of the word mark are the innovation of this paper.Legalese about approximation of word mark, use of word mark and likelihood of confusion will be figured out. The author expects legislators take these factors into the consideration, so that fairness and justice are achieved in judicial practice.