Analysis Of Trademarks Constitutes The Standard Of Infringement

The judgment of trademark approximate degree needs to set a standard,because the results obtained by different trademark determination methods are completely different.In general,consumers tend to recognize a trademark in daily consumption but can not remember the appearance of a trademark in detail.at this time,if a trademark has a highly similar appearance to an existing trademark,then it is difficult for the public to distinguish.This makes the phenomenon of misrecognition in the choice of goods,or think that there is some connection between the two,this degree can be called trademark similarity.In our country,the criterion of trademark approximation and confusion is not clearly stipulated through a unified legislative system.And the passage of legislation in the United States is more advanced and the case law is true.The judgment standard for trademark approximation is gradually clear and perfect,and the scope of recognition subject and confusion is gradually expanded.This paper will analyze the legislative system and case of trademark approximation in China.In view of the current judicial status quo,combined with the theory,legislation and case experience of American trademark law,the author will sort out and summarize the improvement experience,so as to make up for the deficiency of legislation and judicial practice in the area of trademark approximation.This paper is mainly divided into five chapters to explain the trademark approximation: the first chapter describes the background of the topic selection of trademark approximation in our country,the second chapter summarizes the legal identification and judicial cases of trademark approximation in our country,and the second chapter summarizes the legal identification and judicial cases of trademark approximation in our country.The third chapter analyzes the current legislative situation and existing problems in the field of trademark approximation in our country,and the fourth chapter comprehensively analyzes the historical development of the legal judgment of trademark approximation in the United States from the perspective of legislation and case law.The fifth chapter summarizes the development history of our country from Lanham Law and Tort Law in the United States.