Research On The Legal Issues Of Trademark Infringement Identification In China

With the rapid popularization of mass media and the globalization of knowledge economy, as an important part of intellectual property, trademark is the product of the development of market economy. As the value of intangible assets is increasing, trademark infringement cases are more and more. Therefore, the determination of trademark infringement is the core of the trademark right system, and the correct judgment of trademark infringement is a reasonable balance between the interests of the owner of the registered trademark and the interests of the general public. The principle of confusing possibility in Europe and the United States as a major criterion for judging trademark infringement, for the protection of trademark rights has important value, which is also recognized by the theory and practice. The absence of the typed system of trademark confusion and the determination of the confusing possibility judgment is not conducive to the existence of the possibility of confusion in the judgment of trademark infringement cases. This is very easy to cause injustice of justice, is not conducive to the legitimate right to protect trademark.Therefore, this article takes the typical case of the Supreme Court as an example to analyze the controversial issues in this case, and the problem of trademark infringement is urgently solved. Especially the similarity trademark and the trademark confusion question definition, the legislation and the judicial practice all have the flaw:First, Uniform "confusion standard" is the separation of legislation and judicial practice, is not conducive to the regulation of trademark infringement. Second, excessive variety of trademark confusion, leading to the law can not do everything. Third, the possibility of confusion too many factors that may lead to judicial injustice. In view of the above problems, with foreign advanced legislation to compare the current trademark infringement problems in China to give meager advice. First of all, the type of unified trademark confusion, so that there are laws to follow. Secondly, the confusion of the basic types to be improved. Finally, special attention should be paid to the definition of confusion possibilities. Better safeguard the legitimate rights and interests of trademark owners, so that China's market economy more vigorous development.