On The Reverse Confusion In Miaomiao Case

The confusion in trademark infringement can be divided into forward confusion and reverse confusion.After years of research and analysis,the cases of forward confusion have reached maturity.However,due to the new type of infringement,there are not many grounds for analysis in law and judicial practice.The focus of disputes in reverse confusion cases is generally trademark registration procedure,the determination of the possibility of two kinds of trademark confusion After the actual use of trademarks,reverse confusion in the determination of compensation and compensation calculation principles.In order to study,I adopted the case analysis method,based on the "Miaomiao" trademark case of Mengniu company in China as the main line,according to the focus issues summed up in the court trial,from the focus to combine with the current laws and regulations in China to deal with,to explain and summarize the relevant issues of reverse confusion infringement,and finally make statistics according to such cases in recent years,using A comparative analysis was conducted to prove the universality.Through a series of analysis,for the reverse confusion cases in judicial practice,the court usually follows the positive confusion identification procedure,but it can’t completely copy them.For example,in the typical case of "if you are the one" and "Blue Storm",the court not only judges according to the positive confusion procedure,but also determines which is the infringed one by combining the use time of trademark in goods Trademark right.It can be seen that when identifying reverse confusion,we can not identify the well-known trademark as a legal registered trademark,but also consider the relevant factors for analysis.