Infringement Cognizance Of Trademark Reverse Confusion

With the deeply development of market economy,the form of trademark infringement has been diversified and complicated.Among them,the reverse confusion of trademarks has long been a typical representative.However,there are disputes about the concept of infringement and the identified of infringement in both theory and practice..The occurrence of many cases of different judgments in the same case indicates that the issue of infringement of trademark reverse confusion needs to be solved.The article mainly uses the methods of literature research and case analysis to explain the problem of infringement of trademark reverse confusion from four parts.The first chapter is the introduction part,which belongs to the summary of the basic theory.The first section briefly introduces the research background and significance of trademark reverse confusion.In the second section,it mainly expounds the current research status of trademark reverse confusion at home and abroad,and lays a theoretical foundation for the writing of this paper.The third section briefly expounds the research methods and innovations of this paper.The second chapter shows the author’s view on the necessity of reverse confusion,expounding the legitimacy of regulating trademark reverse confusion from four aspects..The first section discusses the basic values of freedom and equality.The second section elaborates on the benefits of achieving efficiency;the third section discusses the necessity of reconciling reverse confusion by discussing the value of the property contained in the trademark itself.The fourth section thinks that regulating trademark reverse confusion is in line with the purpose of the trademark law,is conducive to regulating market order and maintaining fair competition.The third chapter mainly discusses how to correct the path of reverse confusion in our country after learning from the multi-factor detection method in the United States.The first section analyzes the path that China’s current judgment constitutes a backward confusion.The second section analyzes the multi-factor detection method of the United States,hoping to learn from the experience of the United States.In the third section,we compare the differences between forward confusion and reverse confusion,and based on the experience of the United States,summarize the special elements that reverse confusion should recognize when determining infringement.The fourth chapter discusses the reasons for the defense of trademark reverse confusion,and explains the circumstances under which the system does not apply to reverse confusion.The first section mainly introduces the rational use of trademarks;the second section mainly introduces the possibility of coexistence of trademarks;the third section introduces the ineffectiveness and unuse of the trademarks,the last section is the introduction of the concept of dual-use terms,and shows that the author still has a doubtful view on whether the concept can be directly applicable in China.The part of conclusion is mainly to summarize and refine the views of the article,and the author thinks that when determining the infringement of the reverse confusion,we should focus on the distinctiveness of the trademark,the subjective maliciency of the latter and the possibility of leaping on the former trademark owners.Whether the dual use of trademark directly applied in China should be examined.