The Research On The Identification And Legal Effect Of Trademark Reverse Confusion

Trademark reverse confusion is the external manifestation of trademark infringement.It refers to the fact that,in the case of a legitimate trademark,a likelihood of confusion may arise in the way that a junior user of a mark uses it to sell goods or services based on the misimpression that a junior user is the source of a senior user's goods.There are four main problems of reverse confusion,whether admit the concept of reverse confusion of trademarks,the way to identify the reverse confusion of trademarks,the effects of reverse confusion on the constitutive elements of trademark infringement,the influence of liability for trademark infringement.Considering objects,subjects,content,extent,time of confusion,likelihood of confusion is the criterion for judging reverse confusion.In order to identify reverse confusion,it is necessary to use subjective judgment and objective investigation.Provision of evidence is also important.Reverse confusion damages the trademark interests of the trademark owners,damages the interests of consumers,and damages the fair market competition order.Many judicial cases show that reverse confusion has a great impact on the identification of trademark infringement,which is mainly manifested in the impact on the identification of counterfeit trademark infringement and the result of infringement damages.The reverse confusion has an impact on the accountability for trademark infringement too.The trademark owner must consider whether there are certain factors such as the exact loss,the difficulty of obtaining evidence,and so on.The trademark owner ought to choose tort relief flexibly.The amount of damage compensation can be calculated in accordance with the principle of gains offset the losses.Punitive damages are not applicable to trademark reverse confusion cases.In order to better deal with the problem of reverse confusion,the legal provisions on reverse confusion should be added in the judicial interpretation of trademark law.Meanwhile,we must clarify the way of tort relief in the case of reverse confusion.When calculating the amount of compensation for tort damage,the trademark license fee is a reasonable standard.In judicial practice,when it comes to the judgment of reverse confusion,the contribution of the senior user to the saliency of the trademark as well as the possibility of trademark owners entering the new market,is also important.The court should use objective investigation methods more often.