The Study Of The Infringement Of Trademark Reverse Confusion

The phenomenon of reverse confusion of trademarks is different from the forward confusion of trademarks in the traditional sense.Usually,it is shown as follows: the smaller enterprises register the trademark first,while the larger enterprises with strong competitive advantages use the trademark later,and expand the popularity and influence of the trademark through publicity and other means,so that consumers mistakenly believe that the trademark belongs to the big enterprises that use later.This kind of reverse obfuscation is more hidden than the traditional positive obfuscation,and the infringement scope is wider,which leads to the possibility that the involved trademark of the small enterprise can not enter the market again,and the small enterprise loses the control of the product logo,enterprise logo,goodwill and reputation.Therefore,it is necessary to regulate the reverse confusion of trademarks.Because the legislation has not yet made clear provisions on the phenomenon of reverse confusion of trademarks,relatively uniform judgment standards cannot be formed when dealing with such cases in judicial practice.In practice,positive confusion standards are often used to study and judge reverse confusion,thus resulting in judicial injustice.The cases of reverse obfuscation in judicial practice,not only the qualitative nature of reverse obfuscation itself,but also the identification standard of reverse obfuscation,tort damage,and the amount of tort compensation,have become the focus of public disputes.This paper attempts to start from the problems caused by judicial practice cases in China,draw lessons from the implementation experience of foreign systems,analyze the shortcomings of legislation and the merits of judicial practice,and combine foreign theories with China's actualconditions,so as to put forward feasible suggestions.The first part of this paper mainly summarizes the theory of reverse confusion of trademarks,mainly analyzes the characteristics of the behavior of reverse confusion of trademarks,as well as its inherent defects as an imported concept and acquired imbalance in the theoretical development,thus laying a foundation for the theoretical integrity of the following reconstruction.The second part mainly sorts out the problems existing in the design and implementation of China's current system.The third part is mainly combined with the design concept of foreign related systems and the deficiencies in the analysis of China's system and practice process above,so as to put forward feasible Suggestions on how to improve the theory of reverse confusion of trademarks.