Impact Of Bad Faith On The Determination Of Trademark Infringement

At present,the lack of honesty has become an obstacle to the healthy and efficient development of China's market economy and the construction of civilized institution.In the case of trademark infringement,bad faith which acts as an "absence of honesty" is the focus of the court's crackdown.Although the impact of bad faith on the determination of trademark infringement continues today,there are controversies in various countries' judicial practice such as in what situation constitutes bad faith and the specific impact of bad faith in the determination of trademark infringement.Especially in circumstances such as applying the principle of no-fault liability in trademark infringement and the determination of likelihood of confusion using the perspective of consumer perception,taking bad faith into the scope of considerations of trademark infringement determination faces theoretical crisis.For this reason,looking for its justification from the perspectives of multilateral comparison and judges' cognition becomes an optional path.