The Nature And Judgment Of Reverse Confusion Of Trademarks

Reverse confusing means that the trademark is used by a post-user without the permission of the trademark registrant,using a trademark similar to its registered trademark on the same commodity,or using the same or similar trademark on its similar trademark as its registered trademark,and making a large amount of publicity.Consumers are confused and mistakenly believe that the goods of the registered trademark owner are from the post-user of the trademark,or have a collateral relationship,sponsorship relationship or relationship with them.The reverse confusion of trademarks has always attracted the attention of academics and practitioners since its introduction.To this day,there is still much controversy in the theoretical world about the nature and judgment of reverse confusion.Based on the combing of the characteristics,generation and development of reverse confusion,this paper combines the trademark confusion theory to reveal the essence of reverse confusion,and at the same time summarizes the method of determining reverse confusion infringement.This article is divided into six parts:The first part is the introduction of this article.This part points out that there has been a big doubt about the nature and judgment of the reverse confusion in the academic and practical sessions.However,the existing research only focuses on the particularity of the reverse confusion itself,but not from the more ambitious theory of trademark confusion,we can explore the relationship between reverse confusion and trademark confusion theory,and explore the nature and judgment methods of reverse confusion.The second part of the article sorts out the basic theory of reverse confusion.This part first introduces the concept and characteristics of reverse confusion by comparing with the concept of forward confusion.It points out that reverse confusion is logically different from forward confusion.There is no preset for forward confusion.The situation of hitchhiking.Reverse confusion has obvious features compared to forward confusion.On this basis,this part reorganizes the historical process of reverse confusion generation and development around the relevant jurisprudence in American law.The third part of the article systematically combs the proposal,development and status quo of reverse confusion in China through the method of case-based empirical research,pointing out the process of the reverse confusion from the negative to the acceptance to reflection in the academic and practical sessions.On this basis,it is concluded that the current academic and practical circles have not yet unified their views on reverse confusion.In practice,the judgments of the courts are also larger.The reason for this situation is the ambiguity of the nature of reverse confusion.The fourth part of the article analyzes the nature of reverse confusion in combination with the trademark confusion theory and examines the reverse confusion in combination with the trademark confusion theory.This part firstly analyzes the trademark confusion theory in detail,pointing out that the core content of the trademark confusion theory is to determine whether the consumer has the possibility of confusion as a criterion for judging whether it constitutes trademark infringement.On this basis,this part sorts out the history and reasons of the establishment and expansion of confusion theory,and combines the characteristics of reverse confusion to conclude that reverse confusion is essentially a product of trademark confusion theory expansion and demonstrates the reverse.Confusion is consistent with the value basis of trademark law and the theory of mixed trademark confusion.It is the need to exert the function of trademark recognition and protect the interests of consumers.It is reasonable and necessary.The fifth part of the article introduces the method of judging reverse confusion.In this part,it is proposed that the traditional confusion should be used for the reverse confusion,and some of the elements are adjusted according to the characteristics of the reverse confusion,thus forming a more systematic decision method.This part firstly explains the general theory of trademark confusion infringement judgment,and explains the relationship between trademark confusion possibility and trademark infringement judgment under the trademark confusion theory.On this basis,the theory of multi-factor detection method for confusion is proposed.For the determination of reverse confusion,the possibility of reverse confusion of trademarks should be comprehensively combined with the application of multi-factor detection methods,including trademark factors,commodity factors,consumer factors and actual confounding factors.The last part of the article summarizes the whole thesis,pointing out that trademark reverse confusion is the result of the enhancement of trademark property rights and the expansion of trademark confusion theory.It can only understand the essence from the particularity of reverse confusion itself,and comb the development of confusion theory.As a new type of confusion,reverse confusion conforms to the value basis of trademark law and the theory of mixed trademark confusion,which is the need to play the role of trademark recognition and protect consumers’ interests.For the identification of trademark reverse confusion,the multi-factor detection method should be applied on the basis of considering the reverse confusion characteristics,comprehensive consideration of trademark factors,commodity factors,consumer factors and actual confounding factors.