A Comparative Study On The Factors Of Determining Confusion Possibility Between Chinese And American Trademark Law

Determination of trademark infringement is a major theoretical and practical issues of trademark law,which effective protection of trademark rights and the maintenance of free competition rights and the realization of consumers' interests.It is a great progress in the legislative history that China 's Trademark Law confirmed the possibility of confusion in 2013.However,It is not clear how to consider the possibility of confusion.In the event of a trademark infringement dispute,we must confirm Whether there is a possibility of confusion or not.Although the judge will make a determination that based on the relevant evidences,trademarks or other objective factors,the characteristics of confusion determine the subjective consequent ?In order to strengthen the protection of trademark rights and taking the difficulty of demonstrating actual confusion into consideration,the trademark law simply requires the possibility of confusion.Although the confusion is characteristic of great elasticity,we must take in charge of the character and make it applied to the protection of trademark rights.In China,the recognition of trademark infringement has always been an academic proposition,and the recognition of the possibility of confusion has always been the focus of the case controversy.The reason is that the recognition of the possibility of confusion has strong subjectivity,making it difficult for Party B to persuade The other party,and even the judge's reason is also difficult to convince the public,which is undoubtedly the authority of the law and credibility of the damage.Therefore,we should squeeze the discretion of the judge space,this discretionary space applied to the protection of trademark protection.The possibility of confusing the trademark should be summed up and summarized in the case study,the theoretical study,the comparative study of Chinese and foreign law,so as to form the factors that have more scientific,objectivity and belief.In the absence of clear evidence of actual confusion,it is necessary to adhere to the case analysis,the comprehensive consideration,the scientific basis of the basic identification of the relevant factors,the actual confusion of the evidence,Principle,the judge exercised the discretion to carry out the identification,and identified the considerations and logic in the referee documents stated in order to enhance the credibility of the infringement and credibility,and enhance the judicial authority.With the improving of the legal environment and the increasing exchanges between China and foreign countries,making comparative study of foreign legislation and jurisprudences has become an important way to learn the experiences of foreign legislation and improve the legal construction of our country.Based on the analysis of the multi-factor detection methods adopted by the US courts,it is proposed to make the identification of the confusion more objective and scientific as far as possible.This article is the subject of this study,in this idea,the article structure is as follows: Chapter 1: Ask questions and analyze the problems.This paper mainly analyzes and studies the current situation of the factors that confuse the possibility of confusing in China,clarifies the problem that the identified factors of trademark confusion are unclear,the problems that are not fully elicited,and the possibility of the discretionary confusion of judges.Chapter 2: A Practical Analysis of the Factors Affecting the Conflict of the US Court.This paper analyzes the contents of "multi-factor detection method" and "multi-factor detection method",which are determined by the legislation and judicial trial in the United States,and expounds the advantages of "multi-factor detection method".In the first section,from the "tort of the old restatement" to "new law of tort law," the two stages of research and analysis;in the judicial trial neighborhood,mainly on the Circuit Court and the Federal Circuit established by the "multi-factor Detection method " for the overall introduction.In the second section,the details of the "multi-factor detection method" are described in detail,including the factors to be considered and the rules to be followed.Section 3 describes the advantages of the "multi-factor detection method".Chapter 3-Proposals to identify the factors that improve the possibility of confusion in our country.Mainly from the clear understanding of the possibility of the basic factors and other market factors to "4 factor detection method" for the consideration of the path and the relevant laws and regulations to improve the three aspects of the proposed...