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The Research On The Likelihood Of Confusion In Trademark Infringement Judgement

Posted on:2018-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:D MaoFull Text:PDF
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With the rapid development of social economy,trademark,as a very important symbol to distinguish the source of goods or services,has been paid much more attention in modern society,at the same time,trademark infringement cases are also increasing.The revisement of the new Trademark Law is a huge improvement because the provision is in consistent with the international standard.However,the judicial interpretation has not been revised at the same time,failing to list all kinds of likelihood of confusion theories,due to the new types of trademark infringement cases,the traditional theory of likelihood of confusion is unlikely to completely solve the new types of trademark infringement cases,so it is bad for the development of judicial practice.This paper focuses on the origin and development of likelihood of confusion,compares the foreign legislation and judicial practice with domestic legislation and judicial practices and try to improve the practice of likelihood of confusion in trademark infringement by learning from foreign experience.
Keywords/Search Tags:trademark infringement, likelihood of confusion, initial interest confusion, reverse confusion, post-sale confusion
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