Research On The Problems Of The Confusion Of Trademark Infringement

Trademark right is an important part of intellectual property rights,which is of great value in the property of the enterprise,Is the enterprise's economic focus.Although there are laws and regulations on the protection of trademark rights,the existing regulations are not enough to adjust the reality of social and economic problems.Whether it is the provisions of the legislation or judicial judgment,the protection of trademark rights,the prevention and the fight against trademark infringement must be based on the existence and determination of trademark rights,no trademark right is no trademark infringement.Trademark infringement should be confirmed under the premise of trademark rights,and through legal channels and Remedies.Compensation for damage is one of the ways of property tort relief,Trademark infringement compensation for damages.The full text is divided into five parts,in addition to the conclusion,the four parts are as follows:The first part briefly introduces the background and significance of the research on the issues of the confusion of trademark infringement,the literature basis,the content and ideas of the study,and the research innovation to prepare for the research on the issues of the confusion trademark infringement.The second part discusses the problem of trademark right.The theory of trademark right is the core in the theory of trademark,and it is the first to solve the problem of trademark infringement.The definition of trademark rights mainly involves three aspects: the content,the subject and the object of trademark right.There are differences in the contents of trademark right under different theories,which include the right of control and the right of prohibition;The appellation of trademark right is confusing and the scope of application is narrow what All trademark rights holders;The object of trademark rights is different from the view of the mainstream and the abstract summary,and generally refers to the registered trademark and unregistered well-known trademark.The third part discusses the issues of trademark infringement of the confusion.Firstly,it discusses the problems in “the use of trademark”;Secondly,Discuss the question of "goods,services,or similar";Finally,it discusses the problems of "reverse confusion infringement".The study on trademark infringement confusion confirmed to provide theoretical support.The fourth part discusses the determination of the amount of the confusion of trademark infringement damages.It is divided into two parts,the one is to analyze the problems existing in the determination of the amount of damages for the confusion of trademark infringement,The two is to deal with the above problems,so as to improve the determination of the confusion of trademark infringement damages.