Research On The Identification Of Trademark Reverse Confusion Infringement

Trademark reverse confusion is a type of infringement that is contrary to the traditional positive confusion.It means that after the trademark owner uses the trademark that he or she owns,a trademark that holds the same or similar to the trademark owner appears.In contrast,the post-trademark users with higher visibility and wider audiences have made a overwhelming publicity on the trademark,which has caused consumers to misunderstand and mistake the new goods or services that the trademark owner sells.There is some implicature between the post-trademark user or the latter.The reverse confusion theory is the product of American judicial precedents,and it is later found in practice that reverse confusing behavior is suable.However,since the legislative provisions on reverse confusing of trademarks in China are not clear and specific,only the same or similar degree of trademarks used on the same or similar commodities can be confused as the identification trademark,and thus become the standard for trademark infringement determination.The positive confusion and the reverse confusion are not completely distinguished,so the standard of ambiguity in the judicial practice,the discretionary power is large,and the concept of "reverse confusion" is rarely directly quoted.Therefore,it is necessary to clarify the basic theories such as the identification of trademark reverse confusion and infringement in order to better carry out practical work and promote the progress of the rule of law.This article is divided into four parts.The first part starts with two classic cases to lead to the identification of reverse confusion in current practice.The second part studies the infringement and harm of trademark reverse confusion.Firstly,the reverse confusion and related concepts,namely positive confusion and reverse counterfeiting,are analyzed.Then the performance of trademark reverse confusion infringement is analyzed.Finally,it is explained in China.Let the harm caused by the infringement of trademark reverse confusion,in order to attract attention,to facilitate specific solutions to specific problems and hazards in the future.The third part specifically summarizes the status quo of China's reverse confusion infringement through the above two cases,including the current legislation and existing problems.Although there are not all the blanks in the legislation,the specific problems have not been refined.Unable to meet the needs of current diversity cases.The fourth part puts forward some suggestions for the status quo of China's reverse confusion infringement,including the improvement suggestions at the legislative level and the considerations for the reverse confusion infringement determination in the improvement.Finally,some supporting measures are proposed,including the emphasis on consumers.The opinions,the compulsory licenses after the coexistence of the trademarks,and some remedies against the losing parties after the reverse confusion infringement was determined.