On The Judgment Standard Of Trademark Infringement

With the development of the times,enterprises pay more and more attent ion to the value of trademarks,and constantly invest in the goods that their t rademarks refer to,forming goodwill.However,the behavior of infringing the legitimate rights and interests of consumers and trademark owners often occu rs.Therefore,the key to the protection of trademark right lies in the correct understanding of the judgment standard of trademark infringement.In 2013,th e second paragraph of Article 57 of the trademark law introduced "easy to ca useconfusion" and named "possibility of confusion" at the legal level.Howeve r,what is "easy to cause confusion" has not yet been updated synchronously in our judicial interpretation.The fuzziness of the judgment standard of trade mark infringement can not meet the judgment needs of various cases under th e new situation,and is not conducive to the healthy development of judicial practice.In addition to the introduction,this paper is divided into four parts.The first chapter makes clear that the protection of trademark right should be base on the regulation confusion,which provides theoretical basis for combing the legislative mode of trademark infringement judgment standard,and strengthens the argumentation and persuasion.Secondly,it enumerates the generalization of the United States,the dualization of the European Union and the enumerat ive legislative model of China,which lays a theoretical foundation for the jud icial practice inspection in the following article.The second chapter studies t he specific application of foreign trademark infringement judgment standards:f irst,it analyzes the multi factor detection method in the United States,and de eply understands the key consideration factors of each circuit court's determina tion of the possibility of confusion and the relationship between the factors;s econd,it studies the overall evaluation method of the European Union,which clarifies the connotation and extension of the similarity and the possibility of confusion,and makes accurate determination of the similarity and the possibi lity of confusion Judgment.The third chapter first explores the changes of the standards of trademark infringement judgment from two cases before and aft er the revision of the trademark law;secondly,objectively analyzes the proble ms existing in the standards of trademark infringement judgment.The fourth c hapter is to improve the judgment standard of trademark infringement.Throug h the judicial interpretation of the similarity law and the unified standard of t he possibility of confusion,we can improve the defects of the judgment stand ard of trademark infringement in legislation.By reducing the similarity standa rd and improving the factors to be considered in the judgment of the possibil ity of confusion,we can make up for the deficiency of the judgment standard of trademark infringement in judicial practice.