Research On The Criterion Of Infringement Of Trademarks In China

Trademarks plays a role in distinguishing the source of goods or services.The importance of trademarks as a distinguishing mark in today's social life is also increasingly evident.As China's market economy has prospered day by day,trademark infringement disputes have been increasing.Whether it is the discussion of domestic trademark theory on trademark infringement or the judicial practice,it is increasingly the confusing possibility as the core criterion for determining trademark infringement.However,in practice,our country's judicial interpretation has always confused the logic relationship between the possibility of confusion and its identified elements,which is not conducive to guiding judicial practice in the first place.Second,this confusion obstructs the consummation of factors that determine the possibility of confusion.Moreover,with the passage of time and the development of the times,our country's traditional theory of the possibility of confusion has not been able to fully respond to the emergence of new types of trademark infringement cases.Therefore,the relevant provisions of the Chinese legal system on the identification of trademark infringement have introduced the possibility of confusion expansion,which has become a Inevitable trend.However,the theoretical circle in our country has not formed a consensus on the introduction of the possibility of ambiguity expansion theory,which makes the specific trademark confusion type under the ambiguity potential expansion theory not form a perfect identification factor and the exact applicable conditions,which is not conducive to the present and the future solution and regulation of new type trademark infringement cases.This article will mainly study the possibility of confusing and its expansion theory,and seek to improve the applicability of the theory of confounding possibilities under the current legal system in the judicial practice of china.This article is divided into four parts.The first part introduces the case of the "Crocodile" trademark case,which leads to the trend of the change from the similarity judgement to the confusion possibility standard in the judicial practice in China.The second part mainly elaborates the evolution and development of China's trademark infringement recognition standards in legislation and judicial practice.It compares the “Trademark Law” in 2001 with the “Trademark Law” as amended in 2013,and concludes that the insufficiency of China's traditional trademark infringement recognition standards and its progressiveness after the revision,but also emphasizes the shortcomings of the infringement recognition standards in the line trademark law and the theory of confusing expansion.The third part mainly elaborates the model of the standard of trademark law infringement in major regions of the world and compares the different legislative models of infringement cognizance standards between different countries,which is conducive to improving China's trademark infringement recognition standards and drawing good advantages and experience.The fourth part mainly discusses the relationship between the possibility of confusion and similarity under the current Chinese trademark law,and puts forward suggestions for improving China's trademark infringement recognition standards.