Study On The System Of Trademark Reverse Confusion

With the development of social economy,Trademark Law,an important law to adjust the market economy relationship in the modern society,a variety of new concepts and problems of which emerge in endlessly,there are still some inevitable lag.In recent years,a new form of trademark infringement has gradually appeared in the public view: trademark reverse confusion.In the reverse confusion of infringement,victims are often unknown small enterprises with weak economic strength,infringers instead has a stronger economic strength and absolute market position than victims.The problem of reverse confusion is different from the traditional trademark confusion theory in definition,judgment standard,liability form and so on.And there is no certain identification criteria in theory research.As a highly developed derivative of commodity economy,it will play an important role in the future trademark infringement in China.However,there are few practical experiences and relevant theoretical studies on reverse confusion.In order to better safeguard the rights and interests of trademarks,adapt to the development of society and economy and ensure the interests of the public,it is necessary to make a thorough study on the origin,development,harm,definition standard and responsibility form of trademark reverse confusion.The purpose of this paper is to systematically analyze and study the reverse confusion,hoping to make the domestic academic and legislative circles pay enough attention to the trademark reverse confusion,which is a special trademark infringement model,through the theoretical study of trademark reverse confusion.This article can be divided into three parts: introduction,text and conclusion,and the text includes four parts.The introduction makes a brief statement of the topic and purpose of this thesis,and expounds the innovation of the writing content and research methods.Text Chapter 1.An overview of the reverse confusion of trademarks.Starting from the origin of trademark reverse confusion,this paper focuses on the origin of trademark reverse confusion--the United States,combing and analyzing the emergence and development of trademark reverse confusion in America.And then it elaborates the understanding and the processing way of many other countries to the trademark reverse confusion at present.Finally,the development of reverse confusion in China is discussed.Through different countries' theoretical attitude to this problem,a panoramic outlook of trademark reverse confusion is given.In addition,it introduces the related concepts of reverse confusion and lists its different forms of expression in practice.Chapter 2.It is the harm of trademark reverse confusion and its institutional basis.On the basis of Chapter 1,Chapter 2 analyzes the harm of reverse confusion to trademark management,trademark rights holders and the competitive environment in a more theoretical and in-depth way.At the same time,it reveals the institutional reasons for the regulation of trademark reverse confusion from the protection of rights,the realization of equality and economic efficiency.This chapter extends from the last one to the next chapter.It not only makes a deeper study on the significance of trademark reverse confusion based on Chapter 1,but also lays the foundation for more in-depth theoretical discussions in next chapter.Chapter 3.Identification criteria and forms of responsibility of reverse confusion.This chapter takes the case "If You Are the One" as the starting point,at the same time,it tries to sum up the standard of trademark reverse confusion by comparing several ways to identify the reverse confusion of trademark in the United States.As a result,this paper expounds in detail the liability form of infringing trademark rights by reverse confusion.In the compensation mode,taking the case of "New Balance" as an example,it emphatically discusses the particularity of reverse confusion in calculating the amount of compensation.Chapter 4.Legislative proposals for regulating the reverse confusion.First of all,the author analyzes the current attitude of China in dealing with the problem of reverse confusion and the shortcomings of the existing system,and puts forward opinions and suggestions one by one from the aspects of rights,the confirmation of constitutive elements,the way of compensation and the adjustment of the statute of limitations.The conclusion part summarizes the main contents and achievements of this paper.