Research On The Identification Of Trademark Infringement Of APP Logo

Since the case of'weiweiNet" trademark infringement happened in 2014,the trademark infringement cases of APP logo began to increase,and how to identify the nature of APP logo has always been a difficult problem in judicial trial.At present,the academic research on this kind of trademark infringement is not in-depth.In judicial practice,the court generally judges according to Article 57 of Trademark Law and the relevant judicial interpretation,that is to say,first of all,it determines whether the uploading behavior of APP operators constitutes trademark use.The second is to determine whether the use will cause public confusion.However,due to the inconsistency of the identification standard of APP trademark infringement,there is a phenomenon that the same type of cases have different adjudication results.Based on the analysis of relevant cases and laws,this paper studies the basic theory of trademark infringement and the judicial practice of related countries,and puts forward some perfect suggestions for the identification of trademark infringement of APP logo according to the actual situation of our country.First,a total of 45 cases of trademark infringement of the APP logo have been searched in the Chinese referee's website over the past five years,and through the statistical analysis of the cases,The problems of this kind of cases in the.current administration of justice can be summarized into two aspects:one is that the service scope of APP logo operators is difficult to define;Second,the trademark infringement identification standard of APP logo is not uniform.Secondly,for the identification of the service scope of the APP-identified operator,after the service theory of the APP property is evaluated,the article deals with the combination of the service and the commodity,According to the interpretation of the Supreme People's Court on a number of issues concerning the application of the applicable law of the case of civil disputes on the trademark,the application of the APP is typed and analyzed according to the service use,and the scope of service of the APP is identified according to the different types.For the recognition of the infringement of the trademark infringement of the APP,on the premise that the clear "to mix up" is the core element of the infringement of the trademark infringement,in combination with the provisions of the second term of Article 57 of the Trademark Law,reference is made to the legislation and judicial practice of the European Union and the United States In order to clarify the consideration factors of APP logo trademark infringement.That is,approximation is not the only factor to consider the possibility of confusion,in addition to the significance and popularity of trademarks,the use intention of the alleged infringer,the degree of attention of consumers and so on.In the process of trademark approximate comparison,the approximate comparison method of APP logo trademark is established,and the specific identification of different types of APP logo trademark infringement cases is analyzed.Finally,the paper puts forward that the interpretation of the relationship between confusion possibility and similarity should be improved,and the scope of application of the main part comparison method in the approximate identification of trademark should be clarified from the legislative level.Perfecting AP from the Administrative level P operator filing system,at the same time improve the examination obligation of the application store,limit the conditions for the use of the application store safe haven system.