On The Legal Regulation Of Trademark Reverse Confusion

With the continuous development of society,the continuous progress of science and technology,the continuous improvement of people's legal consciousness,more and more attention has been paid to intellectual property,and trademark as an important part of intellectual property rights,its importance is more and more prominent,It is directly related to the development prospects of enterprises,has become an important enterprise intangible assets.However,due to the inherent characteristics of the trademark itself,it is very easy to be imitated,in recent years,trademark infringement cases are not uncommon.In these cases,the trademark reverse confused case is particularly noticeable,and its treatment is relatively difficult,the reason is that the legal level has not been clearly defined,the lack of legal basis.With the frequent occurrence of trademark reverse confusing infringement cases,how to clearly stipulate in the trademark law has become a hot issue in the academic circles,which has become a concern of many enterprises.Therefore,the improvement of the trademark reverse confusion Theory,to provide legal support,as scholars and experts legislators of an urgent task.This paper adopted the method of literature review,empirical analysis,study and case analysis method,to trademark reverse confusion,on the basis of analyzing the typical cases,through the theory of trademark reverse confusion,clarify the meaning of trademark reverse confusion,and through the present situation of legislation and judicial current situation and our trademark reverse confused the analysis of the existing problems of legal regulation,and then put forward some legislative Suggestions,in order to better safeguard the rights and interests of trademark holder.This paper will be divided into four parts:The first part is introduction,mainly including selected topic purpose,selected topic significance,the research status at home and abroad,research methods,research ideas and innovations such as content of this article.The introduction part based on the research of the current situation at home and abroad and the research methods,research ideas explanation for this article writing and laid a solid foundation,and to guide the writing of this article on the macro.The second part is case introduction,mainly introduced the "if you are the one" trademark infringement,this paper briefly if you are the one "trademark infringement case,and the verdict and points out that this case is the focus of the dispute,which lead to this article's writing themes,namely the trademark reverse confusion.The third part reveals the "if you are the one",which revealed the essence of the trademark infringement problem,namely the theme of this article writing,the trademark reverse confusion this theory problem.Through explain the basic theory of trademark reverse confusion,and then analyze the case.The fourth part echo the subject of this article,is the core value of the section devoted to salt the trademark reverse confusion in our country the current situation of legal regulation,including the legislation present situation and the judicial current situation,and reveal the problem of trademark reverse confusion legal regulation in our country,finally through the analysis of current situation and problems,puts forward some legislative Suggestions,hoping to provide trademark reverse confusion of law and regulations in our country beneficial help.