Research On The Infringement Cognizance Of Trademark Reverse Confusion

The complexity and diversification of trademark infringement cases make the identification of trademark infringement difficult to become the normal.In order to effectively protect the rights and interests of trademark owners and consumers,trademark law introduced the "confusion possibility" theory as an important judgment factor of trademark infringement.However,the market influence of trademark owners and infringers is becoming more and more unbalanced.Although China's current Trademark Law enumerates nine kinds of specific trademark infringement,the listed trademark infringement can not fully cover the actual occurrence of infringement.In judicial practice,cases of reverse confusion occur from time to time,because of the lack of legislative provisions,resulting in the court still can only invoke the general trademark infringement judgment method.However,compared with the general trademark infringement,the reverse confusion has obvious differences in many aspects,such as constitutive elements,damage consequences,and so on.It is in this context that the theory of reverse confusion arises.The reverse confusion theory of trademarks was first established by American case law,and relatively complete reverse confusion theory and system have been established in the United States.Although the reverse confusion has not been incorporated into trademark law in our country so far,the position of the reverse confusion theory in trademark infringement system has been generally recognized by the theoretical and practical circles.The main difference between reverse confusion and traditional trademark infringement is that the market influence of reverse confusion infringer far exceeds that of trademark owner,and its use of trademark owner's trademark is to drown and annex the independent market position of trademark owner,and then to own the trademark of trademark owner,not to use the goodwill of trademark owner.Based on the particularity of reverse confusion,the judicial practice of trademark reverse confusion infringement is faced with many difficulties.This paper starts with many difficult problems in the practice of trademark reverse confusion infringement in our country,draws out the basic theory of trademark reverse confusion infringement by analyzing typical cases,strengthens the discussion of the application of this theory,anddraws the judgment of trademark reverse confusion infringement from the case interpretation.