Research On Confusion Theory In The Identification Of Trademark Infringement In China

China's trademark infringement cases are increasing and showing a diversified trend.It's particularly necessary to correctly identify trademark infringement.The newly-revised Trademark Law has changed the identification criteria of trademark infringement in our nation,and the theory of confusion throughout the whole process of trademark application,management,petitory and protection of rights.It added the limitation of "lead to confuse "and clearly defined "confusion possibility" as the identification criteria of trademark infringement,which are undoubtedly a big step forward.However it still has some problems on unclearly defining the concept of likelihood of confusion,identify elements and regulations which are lack of the new type of confusion and so on.This thesis follows the theoretical basis of the likelihood of confusion to the specific research ideas and with the method of the "You Are the One" trademark case,the basic theory about likelihood of confusion and trademark infringement will be researched.Then according to the existing law,the reference factors of confusion are generalized,so we can use these factors in practice.Finally,according to the results of these combing,the author analyzes the insufficiency of legislation and judicial in our country,and then puts forward to perfect suggestions.In China,the trademark infringement standard has not yet been fully unified,our Trademark Law establishes a standard of confusion,but there are provisions in the Trademark Act Rules and Explanation of the SJC as the actual confusing standards.There is no clear answer to the question of whether or not there is a likelihood of confusion.And with the emergence of new types of infringement,the traditional types of confusion cannot adapt to the reality of business activities.So these problems need to be resolved.Through the analysis of other countries and regions' legal system,it can be used to improve Chinese trademark legal system.In order to avoid the same case of different judgments,trademark infringement standards-likelihood of confusion must be unified and according to enrich the possibility of confusion into the type of signs to gradually improve the trademark confusion system.Then by the way of enumerating,the possibility of the main considerations will be regulated to the judicial reference,which allows our Trademark Law to better play a key role to protect the interests of trademark owners and consumers.