Study On The Legal System Of Trademark' Reverse Confusion In China

With the development of social economy and science and technology,the infringement of others' trademarks by improper means is becoming more and more complicated and diversified,and there are a lot of opinions and theoretical studies on whether such acts constitute infringement.In addition to the traditional forward obfuscation,the infringement of reverse obfuscation of trademarks occurs frequently,and its process is more subtle and its harm is more intense.In order to avoid the misunderstanding of consumers on the source of commodities,protect the legitimate rights and interests of trademark owners in time,regulate the order of market economy,and study the theory of trademark confusion so as to improve the relevant legal system of trademark confusion in China,it is extremely urgent.The text is divided into four parts:In the first part,the author firstly puts forward the problem of reverse obfuscation in comparison with forward obfuscation,and briefly analyzes the practice of reverse obfuscation in the United States.Second,the "blue storm" trademark infringement case and "new balance" trademark infringement case are two typical cases that were analyzed,and on this basis,which leads to the reverse confusion theory,and to the reverse confusion summarizes three elements: the tort,there are damage consequences occur,a causal relationship between infringement behavior and injury consequence,the author also puts forward such cases should apply the principle of liability without fault,namely the subjective intentionally or not as the key to the reverse confusion that constitute infringement.The second part considering the nature be infringement of trademark can't be exactly the same,in order to maximize the protection the legitimate rights and interests of the original trademark holder,and balancing the market value of the trademark,the trademark reverse confusion conducted three categories: depending on the degree of well-known trademark is divided into the well-known trademark "reverse confusion" and well-known trademark "reverse confusion";According to the subjective intention of the infringer,it is divided into malicious "reverse obfuscation" and non-malicious "reverse obfuscation".According to whether the trademark has been legally applied for registration,it can be divided into two kinds: registered trademark "reverse confusion" and unregistered trademark "reverse confusion".Third part about the trademark confusion system by comparing the domestic and foreign legislation present situation,to clarify our country law in trademark reverse confusion infringement dispute processing related problems as follows: the concept of fuzzy,the trademark fair use system is imperfect,trademark registration procedures and regulations not perfect,the infringement compensation standard is not clear four questions,and to make detailed analysis and expounds the cause of these problems.The fourth part in the third part puts forward,on the basis of the problems in the legal system to draw lessons from foreign mature part of the legislation or other area,and puts forward some proposals to perfect relevant laws,namely clear reverse confused concepts through legislation,to perfect the trademark fair use system,optimize the trademark registration application,clear reverse confusion infringement compensation standards...