On The Application Of The Principle Of Proportion And The Reverse Confusion Theory In Trademark Protection

The core of the trademark legal system is trademark protection and trademark infringement.The "Aopu" trademark infringement dispute case cited in this article shows in detail the game between the principle of proportionality and the theory of reverse confusion in trademark protection.The so-called proportionality principle means that the difficulty of the production of knowledge should be proportional to the degree of protection of intellectual property rights.The protection of trademark exclusive rights in the field of trademark law should be compatible with the distinctiveness and popularity of trademarks.This is the basic principle of trademark protection.Principles,but also in line with the legislative purpose of intellectual property law.And the use of reverse confusion theory to protect trademark rights with less prominent and well-known trademarks should be cautious in the context of the legal system of trademark authorization and dual protection of trademark civil infringement in China.This article uses case analysis to write.The full text is composed of three parts:introduction,body and conclusion.The introductory part mainly writes the background of the topic and explains the reason for writing this article.In addition to the introduction and conclusion,the body of this article includes three chapters:The first chapter draws out the cases to be analyzed in this article.Through the introduction of the Aopu trademark case,it summarizes the focus of the dispute in this case,and then leads to two important knowledge points about trademark protection that are to be discussed in this article,namely the principle of proportionality and reverse confusion.The second chapter is the specific elaboration of the principle of proportionality as the basic principle of trademark protection.The author starts from the four aspects of the connotation of the principle of proportionality,the principle of proportionality conforming to the legislative purpose of intellectual property,the performance of the principle of proportionality in China’s legal system,and the application of the principle of proportionality to analyze cases.Combined,to demonstrate the correctness of the retrial court’s application of the proportionality principle in this case.The third part is a detailed introduction to the theory that reverse confusion is an exception to trademark protection.In this chapter,the author introduces the theory of reverse obfuscation and the status quo of legislation in China and judicial practice.It explains the relationship between the principle of proportionality and the theory of reverse obfuscation.The defendant in this case did not infringe the plaintiff’s trademark right,and the plaintiff should not be protected based on the theory of reverse confusion.