Study On The System Of Trademark Reverse Confusion

With the development of the market economy,The requirement of the public are increasing.Brand and goodwill have been taken more and more seriously.In reality,the infringement forms of brand and goodwill is also increasing.As a result,we need more Protection to prevent infringement.In recent years,a new type of trademark infringement forms appears constantly,causeing widespread controversy.In our country from the "Blue Storm" case began to attract attention,then relevant cases emerge in endlessly.The high appeals rate of reverse confusion case indicate the presence of troublesome.Such cases not only appear more and more frequently but also that similar cases are often been judged different from each other.This situation makes that it is difficult to persuade the parties and the masses.Pressing circumstances force us to focus on trademark reverse confusion.So,what is the trademark reverse confusion? Trademark reverse confusion system originated in the United States.With a difficult development,trademark reverse confusion has been completed.But,in china,trademark reverse confusion system is still in a very young stage.The current legal system for trademark reverse confusion has not maken a clear regulation.So,we should pay more attention to trademark reverse confusion.This paper is divided into four parts.In the first part,we introduct the concept of trademark reverse confusion and its constitutive requirements.The second section discusses what kind of situation constitutes trademark reverse confusion.The third part addressed the exception of the reverse confusion.Using the reverse confusion to protect the senior user overly will regardless the junior user's interest,so this part discussed about the exception of reverse confusion as to keep balance between the junior and senior user's interests.Although the junior user is easy to fall into the alleged reverse confusion,it can use these defense to argue its normal commercial act didn't infringe the senior user's trademark as belong to reverse confusion.The fourth part is the calculate standards of the damage compensation in reverse confusion.Determining whether a particular cases belong to the infringement oftrademark reverse confusion is not the end of the case.Making up for the loss of the victims is more importent.But,the traditional calculate standards is not fit for the reverse confusion damage compensation.The Several times of trademark licensing fees can be a better compensation standards for reverse confusion.