An Empirical Research Of Trademark Reverse Confusion

In 2013,the Trademark Law of China was amended to add the standard of likelihood of confusion to the original similarity standard of trademark infringement.The standard of likelihood of confusion was summed up in judicial practice of the United States and the European Union,and the connotation of it is very rich,including the initial confusion of interest,the actual confusion and the reverse confusion,they are related to each other.This article chooses the aspect of the reverse confusion to carry through a further study,mainly based on all the cases of reverse confusion in our country at present,and collects some concentrated and frequent problems from the courts' judgments,and finally puts forward some of my ideas.The first part of the article is the collection and collation of the empirical data.It mainly includes an introduction to the empirical research method,which mainly refers to the collection of 68 cases on the pkulaw and the method of collecting and integrating the data.This part also includes the preliminary conclusions of the data analysis,there are three main aspects: the characteristics of regional distribution and time distribution,the outcome of the case compensation.The second part of the article is how to identify the factors of the reverse confusion in the case.This part is described in three aspects: the first is the analysis of the common factors that needed in the reverse confusion and the traditional likelihood of confusion;the second is the analysis of the specific factors of the reverse confusion,such as the possibility of overstretch,the competition of the market and so on;thirdly,come to a conclusion that it does not need to construct a new theoretical system of reverse confusion.The third part of the article is about the research of the application of law in the cases.The first is to introduce the courts how to apply the law in the cases of the reverse confusion,including the application of the law of the administrative cases and the application of the terms.Secondly,it analyses why the current situation happened.Finally,come to a conclusion that it does not need to establish the exclusive terms of the reverse confusion,and we can use the Guiding Cases issued by the Supreme Court and the judicial explanations to improve the standard and the efficiency of the application of law.The fourth part of the article is mainly mention of the determination of the court's compensation scheme.Once the trademark infringement is identified,the court will generally require the defendant to compensate for loss and stop the infringement.The methods of compensation loss is mainly include which is based on the compensation of the amount of the plaintiff's loss or the defendant's interest,the legal compensation scheme and the license system.Further,I also put forward some views in the result of judgment to cease the infringing act.The fifth part of the article is a summary of the previous parts,and some prospects on cease the infringement act.