Study On The Determination Of The Similarity In Trademark Infringement Case

Trademark is a distinction between the source of goods or services logo,but also the accumulation of production,the credibility of the operator base plate.With the development of economy and society,the function of trademark is evolved from the initial distinguishing function to distinguish between good and good reputation.Trademark has become an important part of intangible assets,and has huge commercial value.Because of this,some unscrupulous operators by imitating others with high visibility or good reputation of the trademark in the same or similar goods on the use,not only greatly damage the legitimate rights of trademark owners and the vast majority of consumers,but also disrupt the integrity of the fair Market competition order.The use of a trademark similar to that of a person’s registered trademark on the same commodity or similar product is an unfair competition that encroaches upon the goodwill of another person and is also the most common trademark infringement.How to properly and reasonably identify the trademark is similar to a trademark infringement case One of the most basic questions.China’s existing trademark legislation has made more detailed provisions on trademark approximation,but compared with the complexity and specificity of trademark similar cases,these provisions still seem more principled,less operational,can not solve the difficulties in judicial practice,Judgment of trademark similarity is still a difficult problem in judicial practice.In this paper,the empirical method is used as the main research method,and the criteria and principles of judging the similarity of trademark in trademark infringement case are combined with "Golden Rooster" trademark infringement case And methods to conduct a comprehensive,in-depth,systematic study."Golden Rooster" trademark infringement case is a typical case of trademark infringement in recent years.The first part of this paper puts forward the focus of this case through the analysis of the case,that is,the focus of this paper,the focus of the case focused on the trademark similarity The second part is the theoretical analysis of the approximate definition of the trademark,and it isclear that the trademark approximation is the confusing approximation of the trademark,and the confusion possibility is the core criterion of determining the approximation in the trademark infringement case.The third part is the trademark infringement case The author analyzes the principles of judging the principle of similarity in the case judgment.The fourth part is the combing of the specific method of judging the similarity of different types of trademarks and the application of the judgment method in this case.;The fifth part is the author on the basis of the above research on the judgments of the judiciary in the judiciary to determine some of the thinking and improve the recommendations.