Identification Of The Nature Of Registered Trademark Confusion In Dual Regulation Model

The Trademark Law and the Anti-Unfair Competition Law play an important role in trademark protection.With the goal of regulating trademark confusion,they provide all-round protection for trademarks from different angles and in different ways.There are many kinds of confusing behaviors involving registered trademarks.What constitutes trademark infringement and what constitutes unfair competition? For this purpose,this paper aims to provide ideas and theoretical support for the accurate application of Trademark Law and Anti-Unfair Competition Law in judicial practice by analyzing the qualitative nature of trademark confusion.The dissertation consists of three chapters,trying to explore the relationship between the trademark infringement and unfair competition,in order to clarify the nature of trademark confusion.The first chapter expounds and analyzes the basic theory of trademark confusion.The protection of trademarks should aim at preventing confusion.Trademark Law and Anti-Unfair Competition Law from the different dimensions of brand confusion behavior regulation.Even the protection of a registered trademark,the relationship between the two parallel exists.The second chapter focuses on the differences in the ways of trademark infringement and unfair competition.First of all,in the use of the trademark,only the trademark used to identify the source of goods under the premise of trademark infringement.Unfair competition does not have such restrictions.Secondly,the recognition of trademark infringement does not need to examine the problem of trademark popularity,only need to prove the similarity of the trademark and the similarity of the goods.As for the Anti-Unfair Competition Law,a trademark can only be protected if it is well-known.After grasping the differences in the above two aspects,the clarification of trademark infringement and unfair competition will naturally come into being.The third chapter is about the application choice of Trademark Law and Anti-Unfair Competition Law.In the general application of the two laws,trademark infringement and unfair competition should be used to distinguish the two laws.In the specific application of the two laws,this theory still has many problems in the current institutional framework,mainly focusing on the two aspects of the nature identification of the use of trademarks as other commercial marks and the handling of the special confused ACTS.At the legislative level,the act of trademark conversion should be made clear.Meanwhile,considering the free competition in the market and the interests of consumers,some trademark use behaviors should not be considered as trademark infringement.Legislation should be passed to make appropriate open reasonable use of the provisions as an exception to trademark confusion.