On The Relationship Between Similarity And Confusion In Trademark Infringement Judgment

The trademark law of the People's Republic of China has made the third time revision,which added "likelihood of confusion" to the condition of trademark infringement criterion.the previous 52 item be divided into 2 part.Trademark infringement criterion is divided to 2 same criterion(trademark same&good same)and 2 similarity criterion(trademark similarity&good similarity),that is 2013<trademark law>57th1.2.in 2th,the amendment of the rule that makes the previous judicial interpretation confusing the possibility into a similarity judgment must be adjusted.About how to confirm the relationship between similarity and likelihood of confusion,we can test according to EU&US Legislative,judicial practice and the cognitive psychology law,and absorb the experience and lessons of the judgment of trademark infringement in EU&US.Based on likelihood of confusion of cognitive psychology rule,In US,the similarity or failure of goods is considered as a factor to confuse the possibility of confusion,and it does not meet the time and space conditions for the activation of cognitive network interference caused by confusion.;In EU,the similarity of goods and trademarks is the precondition for the possibility of confusion,which does not conform to the immediacy and wholeness produced by the approximation.Trademark infringement judgment in our country,the relationship between the similarity and confusion in the possibility of should absorb the experiences and lessons of Europe and the United States,will be the premise condition of commodities_such as_confusion possibility,?has similar commodity,combined with the goods of similar degree,brand popularity,consumers buy goods attention factors which determine whether a trademark is confounding between approximate,confounding approximate constituted trademark infringement.Similarity and confusion in our trademark infringement judgment,the relationship between the possibility of explains the present should be,and repair method in the future,the possibility of similarity and confusion as to the relationships between the expression Similarity and confusion in our trademark infringement judgment,the relationship between the possibility of explains the present should be,and in repairing method of the future,should the relationship between the possibility of similarity and confusion as to clear:without the permission of the trademark registrant,the use of a trademark which is easily confused with its registered trademark is used in the same commodity or similar goods.The confusion should be combined with the approximate degree of the trademark itself,the significance of the brand and the goodwill,and the comprehensive judgment of the public's attention when purchasing goods or receiving services.