Research On The Recognition Of Approximate Trademarks

Under the background of economic globalization and diversification of market economy,the development of approximate trademark theory is full of opportunities and challenges.Challenge is that the existing trademark law theory has been unable to cope with the endless emergence of new and complex trademark infringement cases,which needs to be consolidated by new theories.As the core theory of trademark infringement,the identification of approximate trademarks will inevitably be impacted by the new theory.In this case,whether the theory and judicial practice of identifying approximate trademarks can adapt to the test of the new era is a question.Opportunities refer to seizing the opportunity to revise the Trademark Law,whether we can improve the theory of Trademark Law,update the judicial interpretation of Trademark Law and relevant administrative regulations,and make them complement each other with Trademark Law.The most important thing is to bring Trademark Law into line with the international market,create a better atmosphere of trademark market,and attract foreign capital to enter the Chinese market and invest in Chinese enterprises.The revision of the Trademark Law in 2013 implies that the core position of approximate trademarks in the Trademark Law will soon be replaced by the possibility of confusion.The purpose of this is to gradually introduce the advanced theory of the Trademark Law into line with the Trademark Law of other countries in the world.so as to solve the new cases emerging in the rapid economic development of our country.However,it is impossible to solve the shortcomings of the traditional approximate trademark theory only by amending several laws.In reality,there are still some theoretical and judicial problems that can not be solved.For example,the logic errors between trademark law articles,the lagging defects of judicial interpretation of trademark law and related administrative regulations,the improper definition of approximate trademark,the scope of relevant public issues,the unclear relationship between approximate trademark and the possibility of confusion,and the pooroperability of identifying approximate trademark methods,etc.The purpose of this paper is to find out the problems left over in the process of amending the trademark law and what kind of damages these problems have caused in judicial practice through some classical case analysis,and then summarize the experience and think about countermeasures,so as to provide reference for the fourth amendment of the trademark law,with a view to further improving the Trademark Law of our country.The core content of this paper is divided into five parts:Part ?: mainly introduces the basic theory of approximate trademark which has been formed in our country.Firstly,it introduces the status of approximate trademarks in China's trademark law,interprets various laws and regulations and how to define approximate trademarks academically.Secondly,after clarifying the nature and characteristics of approximate trademarks,this paper introduces the specific manifestations of approximate trademarks,namely sound,shape and meaning,and analyses how to identify approximate trademarks in various complex situations.After generalizing the basic theory of approximate trademark,this paper points out some defects,such as the determination of approximate trademark determines the determination of trademark infringement,the confirmation and authorization of trademark,etc.However,the definition of approximate trademark has not been determined from the legal level,which leaves a gap for the future judicial application.Part ?: mainly introduces the current rules of administrative confirmation and authorization of trademarks to identify similar trademarks in judicial practice.It mainly introduces several principles and basic methods of identifying approximate trademarks.From the theoretical level,we can understand the status of the current system of identifying approximate trademarks.Part ?: This part mainly analyses the problems of identifying approximate trademarks in practice.Firstly,the lagging defects of current laws and regulations,the judicial interpretation and related administrative regulations are too old to make timely improvements in the revision of trademark law.Secondly,there is the subject regulation of identifying approximate trademarks.The trademark law does not specify the scope of the relevant public,nor does it specify the factors of selecting the relevant public.This leads to the problems of identifying the subject of approximate trademarks,which seriously affects the subsequent procedure of identifying approximate trademarks.Then it introduces the possibility of confusion theory,emphasizes the position and significance of the possibility of confusion theory and thelack of criteria for identifying the possibility of confusion,and points out the relationship between approximate trademarks and the possibility of confusion.Finally,the different standards of identifying approximate trademarks are analyzed,and the shortcomings of identifying approximate trademarks are pointed out.Part ?: This paper mainly introduces the situation of identifying approximate trademarks in the United States and Japan.The theory of trademark law in the United States has developed earlier and matured.Whether it is the role of confusion possibility theory in trademark infringement cases or some methods of identifying approximate trademarks,it has its own unique advantages.Japan's trademark law has a greater impact on our country and can be used for reference than other countries.Analyzing the advantages and disadvantages of its system and specific provisions can further enrich our theory of trademark law and help our country avoid unnecessary mistakes on the theoretical road of developing trademark law.Part ?: In order to respond to the practical needs and solve the practical and theoretical problems in trademark law,the experience in judicial practice is summarized.Firstly,we selectively learn from the relevant practices of foreign countries and propose corresponding solutions according to the actual situation of China,that is,to amend the relevant provisions of the Trademark Law to ensure that the logic of the Trademark Law itself is not problematic;to redefine the connotation of approximate trademarks,to reexamine the status and role of approximate trademarks,to clarify the relationship between approximate trademarks and the possibility of confusion;and to determine the recognition of approve We should define the scope of the subject,determine the use of objective identification criteria,and add a more practical and fair method to identify approximate trademarks,so as to achieve the purpose of solving problems systematically.