The Idenfication And Legal Regulation Of The Trademark Revese Confusion Based On Yuelun Zhou Vs. New Balance Case

"Trademark reverse confusion" can be seen as a special kind of trademark infringement,it is significant for the judicial practice to discuss and research about the trademark reverse confusion determination and legal regulation. However, based on China's trademark law about "trademark reverse confusion" the analysis of the legal text, it can be seen that although the trademark approximation degree and commodity similar degree is recognized as the trademark confusion possibility, namely the elements of trademark infringement, but not on behalf of all of them. In fact, in the cognizance of trademark reverse confusion infringement, other factors are also important, especially in reverse confusion infringement cases, which are important reasons for determining trademark reverse confusion. Because of our country legislation for the regulation of trademarks reverse confusion is not clear enough, which creates a court in the courts of discretion of standard fuzzy problems. Therefore, we firstly need to find out reverse confusion of constitutive requirements, standards, and legal regulation of the infringement and other basic theoretical issues. Then we can use more scientific theory to guide the specific case.This article is divided into six chapters.The first chapter mainly discusses the research background and significance of "trademark reverse confusion", analysis the domestic and foreign research status about the trademark reverse confusion. The second chapter is based on the analysis of the "new balance" case, defines the cognizance of trademark reverse confusion, and the basic theoretical issues such as legal relief, so that with more complete theory to guide the specific case. The third chapter is by defining the concept of trademark reverse confusion, a clear definition of the subject and object of infringement of trademark reverse confusion subjective and objective aspects, which discuss the components of the trademark reverse confusion;The fourth chapter emphatically discusses the possibility of standards.The analysis includes trademark use and reverse confusion of the similarities and differences of the enterprise name, and then go through the rational use of trademark, and based on this recognition for trademark reverse confusion.The fifthchapter focuses on the analysis of the necessity of regulation of trademark reverse confusion. The trademarks reverse confusion is actionable and legal liability of infringement of trademark reverse confusion and other issues, which is on the basis of the diversity of reverse confused thinking to solve disputes path. The sixth chapter is a comprehensive summary of research content, and tentatively suggestion of improveming Chinese legal regulation of reverse confusion.