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Research On The Issues Of The Confusion In The Context Of Trademark Infringement

Posted on:2019-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:S FuFull Text:PDF
GTID:2416330545472045Subject:Science of Law
Abstract/Summary:PDF Full Text Request
A trademark is a combination of tangible symbols and internal information.The trademark owners use trademarks to transmit the information of goods to the public.The consumers identify goods from different sources through trademarks,so that they can achieve their purpose of effective subscription.In trademark infringement,the infringers mislead the public by using the goodwill which is carried by others' trademarks,so as to seek illegitimate interests.The trademark is only a means and a tool to climb up and embezzle the goodwill of the trademark owners,and misleading the public is the result of infringement.The infringement of trademark causes the public to mistake the source of the trademarks,which leads to mistakenly purchasing and infringing the trading opportunity and market share of trademark owners.Finally,it will do damage to the trademark owners.Compensation is based on the premise and foundation of actual damage.No actual damage happens now does not mean that there will be no actual damage.It still needs a process to cause damage.As a constituent element of infringement,the likehood of confusion only requires the possibility of existence and has the effect of preventing damage.Confusion is the consequence of damage and the wrong cognitive state of consumers.The likehood of confusion and confusion should be treated differently.
Keywords/Search Tags:the likehood of confusion, confusion, actual damage, trademark infringement
PDF Full Text Request
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