A Psychological Analysis Of Trademark Confusion

Trademark is the object of trademark right,the cornerstone of trademark legal system,and the combination of external perceptible signs and consumers’ long-term memory of the meaning.The psychological analysis method of trademarks shows the psychological changes of consumers and the dynamic psychological movement of shopping,which makes it clear that the choice of trademarks by the relevant public is derived from their psychological identity.The significance of trademark in the market lies in reducing the psychological cognitive cost of the relevant public,while trademark infringement interferes with the psychological cognitive network of consumers.In order to prevent the confusion of trademarks,trademark law should regulate the infringement of confusing consumers in the market.Based on the principles of cognitive psychology and consumer psychology,this paper looks at the issue of trademark confusion from the perspective of the relevant public,including when the confusion occurs and the psychological changes of consumers at shopping,so as to judge whether trademark infringement is constituted from a more scientific perspective.Consumers are the core of trademark law protection.Trademark infringement or not is based on consumers’ cognition and market concept.Trademarks depend on the psychological identity of consumers.It is of great significance to study trademark infringement in the psychological sense with consumers as the orientation.This paper mainly discusses the psychological significance of the concept of trademarks from the perspective of consumers and the psychological mechanism of trademark confusion.This paper is divided into four parts: the first part mainly introduces the psychological essence and concept of trademarks,and expounds the relationship between consumers and trademarks by citing the basic principles of cognitive psychology and consumer psychology.Consumer psychology is an important branch of psychology.By studying the psychological change process of consumer shopping,the psychological cognitive network of consumer groups is constructed.Combined with the principle of cognitive psychology,we know that people can think of several cognitive chain connected to the trademark information,when the brand the center node is activated,can produce numerous cognitive chain around the trademark of the other nodes pass stimulus,activate the nodes,cause consumers to the brand’s impulse shopping,consumers by the attention and memory of information,coding and extract,forming commodity information cognitive network.Secondly,the relationship betweentrademark function,trademark infringement and psychology is analyzed.The second part mainly introduces the trademark confusion of psychology basis,through the overview of domestic and international evaluation standard of trademark infringement,to the psychology Angle to look at the dangers of trademark confusion,through the process of pattern recognition and activation diffusion process in this paper,the trademark confusion of psychological mechanism,relationship so as to explain the source of confusion,confusion,initial interest confusion,after-sale confusion and reverse confusion.The third part focuses on the psychological analysis in the confusion judgment.Firstly,it discusses the justification and rationality of the multi-factor testing method from the psychological perspective.The multi-factor testing method is the psychological evaluation of consumers’ cognition of trademarks.Consumers are the key in trademark law.Consumers determine whether a trademark is significant and whether there is confusion.Through a psychological analysis of the similarity of trademarks,including the pronunciation,appearance and meaning of trademarks,as well as the similarity of commodities,we can determine under what circumstances consumers will be confused.The fourth part mainly introduces the consumers in the confusion of trademarks,analyzes the rationality and legitimacy of the introduction of the consumer survey method,and USES psychology to analyze the significance of the perspective of consumers in the field of trademark law,as well as the influence of consumer attitude and degree of attention in the judgment of trademark infringement.