| With the rapid development of China's market economy changes and the information society, "Trademark Law" in order to meet the actual needs were modified in 2013. 2013 "Trademark Law" Article 57 of the original fifty-two modified, for trademark infringement case had broken down, and added, "likely to cause confusion," the conditions, means introducing confusion concept possibilities. Therefore, the criteria of trademark infringement also changed. In this case, destruction of the basic functions of a trademark infringement even more complexity and scope of the right to disable expanding trademark, trademark similarity and likelihood of confusion of the boundaries become blurred. Core determining trademark infringement is likelihood of confusion in the judgment, and the judgment of likelihood of confusion with a subjective nature. Since likelihood of confusion is caused by the relevant public misidentification. In judicial practice, the judge is the consumer in one, with its own expertise based on likelihood of confusion, in some relatively large influence, complexity of the case or a huge amount of money involved in the case, the judge wants to accurately determine whether cause confusion to the public, it is more difficult.In order to try to determine the likelihood of confusion objective, relevant public to understand the psychological state of knowledge, the introduction of market survey will be an effective way. Market research method in the social sciences has long been a mature research methodology. With the era of progress and link the development of science, law and society, economics, management science and other disciplines more closely. Overseas, markets in the trademark infringement investigation has been recognized. In China, although the results of the market investigation has not yet been adopted by the judge in the trademark infringement. The use of market research in law trademark infringement in its infancy, various conditions are not ripe. In trademark infringement cases, entrusted to conduct market research is generally a third party consultant, since forensic institutions compared to the third-party advisory body, the higher its credibility, the greater the possibility of expert opinion is admissible. Therefore, the paper describes the possibility of using the trademark infringement cases of Forensic Sciences in market research methods, and the use of the main factors to consider market survey.The Paper is divided into four parts:The first part analyzes the trademark infringement cases status, from 2013 the newly revised "Trademark Law" Article 57, analyzes the trademark approximation, the relationship between the possibility of confusion between the trademark infringement. However, in practice some trademark infringement cases difficult to judge the likelihood of confusion faced with the situation. Since the main request of confusion is the relevant public, market research is fit this requirement. So considering the introduction of market survey in trademark infringement cases, judges determine likelihood of confusion reference.The second part analyzes the boundaries of Forensic trademark question: whether the approximate range of trademarks are trademarks of Forensic Sciences, the likelihood of confusion is determined by the judge.The third part analyzes the feasibility of the introduction of market research in trademark law judicial identification. The main three-pronged approach. The first is the introduction of the theoretical foundation of market research methods. The new legal realism advocated the introduction of the various disciplines of law and social sciences disciplines, including social science methods- Market survey. The second is due to advances in technology and the development of social sciences, the market investigation has a strong scientificity and necessity. The introduction of market research methods can determine the likelihood of confusion helpful.The fourth part focuses on the US market research using specific practices law in trademark infringement cases, made reference to the views of the Frame. Respectively, from the evolution of the market investigation in the United States law, the law applicable to the case of market research, market research and the role of evidence in court adopted considerations aspects of market research methods are introduced.The fifth part is the core of this article. It describes the theoretical market survey method in our trademark infringement cases of Forensic Sciences in Construction. First, from the aspect of market research to select the range proposed in the definition of the relevant public should consider factors. Followed by the selection of survey methods, the use of non-probability sampling method is more suitable for trademark infringement cases in the market research. Again, the questionnaire design and analysis propose specific design methods. Finally, the market investigation in judicial appraisal, it is possible in the form of legal evidence into the proceedings.Finally, draw conclusions and make recommendations on: the introduction of market survey in trademark infringement cases of Forensic Sciences, in order to provide the basis for the judge determine likelihood of confusion. |
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