Research On The Likelihood Of Confusion In Trademark Infringement Determination

Use the same or similar mark on the same or similar goods,namely ‘similarity'is China's traditional trademark infringement judgment standard.Trademark law amended in 2013,our country will judge standards revision for trademark infringement,on the same or similar products using the same or similar mark may cause confusion,namely ‘similarity + confusion possibility' for our current trademark infringement judgment standard.The regulation,the concept confusion possibility is introduced so that our country and being geared to international standard of trademark infringement judgment.Trademark confusion will harm the consumers' right to know and option,damage to the trademark rights of reputation and market share,what is more,can damage the establishment of the integrity of the market.Confusion possibility as trademark infringement determination elements,can fully protect the essence of the trademark information,ability to protect the trademark marking trademark source,consistent with the legislative purpose of trademark law,embodies the expansion of trademark rights and interests balance.Therefore,our country will confuse possibility as trademark infringement formed one of the elements,has its own progressive significance.But confusion possibility of related regulations in our country,the concept is not clear,and ‘similarity' circular reasoning,and the shortage of ‘similarity'relationship positioning error.Possibility to solve the problem,clarify the confusion in the position in trademark infringement judgment is trademark de-obfuscate system in our country based on the fundamental.Draw lessons from American trademark de-obfuscate system,our country should be confusing possibility,according to standards,which is the core of the trademark infringement in trademark,product factors,consumer factors,the actual confounding factors,the intention of the defendant on the basis of using the multi-factor test to judge whether there is anyconfusion.At the same time,the investigation should be combined with statistical methods in proving the confusion when applications,can be more objective of trademark infringement.This article is divided into three parts to discuss confusion possibility of trademark infringement determination.First discusses the theory of trademark confusion possibility analysis,a clear definition of the concept of trademark confusion,and on this basis to explore the types and harm of confusion,further deep analyze the possibility will be confused as the value of the trademark infringement determination elements.Secondly,the position analysis of confusion possibility in trademark infringement determination are discussed.From the experience of the United States,the European Union to our country's legislation evolution,after comparison,analysis of the current trademark law the provisions of article 57,and analyze the problems of the clause,on this basis,the proposal would confuse potential as a standard of trademark infringement determination,confused and suggested to improve the possibility of rules.Finally discusses the concrete application of the confusing possibility.Using the experience of American justice,using the multi-factor test and survey method,the establishment of confusion possibility or not.