Similarity And Confusion Possibility Intrademark Infringement Identification

Trademark or commodity "similarity" as the criteria to judge the trademark infringement,since 1982,when the "trademark law of the People’s Republic of China"(hereinafter referred to as the trademark law)applied for since more than 30 years,until the"trademark law" in 2013 for the third time.Standard of trademark infringement in our country on the basis of the "similarity",supplement and perfect the development to the present judicial practice universal criteria to judge "similarity + confusion possibility",improve the standard of trademark infringement judgment is more advantageous to solve all kinds of trademark disputes arising from the commodity trading activities.The first part of this article on the basic concept of "similarity" overview,in view of the previous trademark infringement standard-"similarity" position shift,and infringement determination of "similarity" standard in the judicial practice to apply the dilemma faced by description,thus further put forward in the judgement standard of trademark infringement in introducing the "confusion possibility" of the new standards is very necessity.The second part further strengthens the understanding of the current trademark infringement criteria by elaborating the basic concept of "confusion possibility"and the expansionary theory of "confusion possibility".In the process of describing the development stage of the identification standard of "confusion possibility",it is concluded that the standard of trademark infringement is more scientific and legal.The third part starts from the trademark law of several countries in the international community,and further discusses the necessity of the existence of "confusion possibility".To the international community in the universal standard of trademark infringement determination were discussed and compared,in the United States,the European Union,the international convention of trademark infringement determination standard of deep understanding,points out that the current standard of trademark infringement judgment is based on the"similarity"，is the final confirmation criteria is the "confusion possibility" standard,in judging whether a more scientific nature and rationality of trademark infringement.The fourth part through concrete cases,"pheasant" trademark infringement "temptation" on the tip of the tongue with trademark dispute,further explanation of "similarity" trademark infringement judgment standard in case the ruling application deficiency,as well as the"confusion possibility" decision criteria in the judicial practice of the application of practical significance.The fifth part of our country deficiency in trademark infringement judgment is expounded,including not a relatively clear standard to judge the "similarity"and the "confusion possibility",namely,to what degree constitute a "similarity",to what extent constitute the "confusion possibility",and in the face of difficult cases by what kind of factor,can determine a confusing problem such as the possibility of mistakes.Finally according to the above problem,this article from the improvement of the trial subjects,confused the only standard of possibility,and further refinement of confusion possibility for determining factors such as Angle put forward suggestion to improve it.In China’s trademark law as criteria to judge whether that constitute trademark infringement,not immutable,is accompanied by the development of market economy of commodity,trademark infringement cases increased,in constant modification and supplement to perfect gradually.Economy and society in constant development,the law as a top service to economic and social system,and should keep pace with The Times,reform and innovation,constantly improve,constantly adapt to social development,the process of perfecting the legislation in practice,learn from other countries advanced in communication rules and regulations,gradually formed a more complete and detailed modern rules of the trademark law.