Research On Legal Regulation Of Trademark Reverse Confusion

Trademark reverse confusion is based on the theory of trademark confusion,and originated from American judicial practice.However,in China,the current trademark law does not clearly stipulate the concept of “reverse confusion”.As a result,trademark reverse confusion cases have no clear and uniform provisions on the infringement determination rules,trademark confusion standards,and the amount of infringement damages.Judicial precedents in recent years have shown that in cases involving trademark reverse confusion,the judgment rules of different courts are different.In academia,there are also disputes over the legal regulation of trademark “reverse confusion”.In view of this,it is necessary to study the legal regulation of reverse confusion of trademarks.The content of this paper is divided into five parts.The introduction part mainly summarizes the domestic and foreign research situation of trademark reverse confusion and the focus of controversy.The first chapter is an overview of trademark reverse confusion theory,expounding the concept and theoretical sources of trademark reverse confusion.The second chapter is Legislative status and problems in the legal regulation of trademark reverse confusion in China,this chapter explains the legislative situation and existing problems of trademark reverse confusion in China,including unclear legal regulations,inconsistent judgment standards for infringement,and unclear standards for damage compensation,etc.The third chapter is Legislation Status and Enlightenment of Foreign Trademark Reverse Confusion,this chapter elaborates the legislation status of reverse confusion of trademarks in the United States,Japan and the European Union.The last chapter is Suggestions on the legal regulation of trademark reverse confusion in China,this chapter includes the improvement of the regulatory path of trademark reverse confusion,clarification of the judgment standards for infringement and reasonable defenses for trademark reverse confusion,and clarification of the infringement compensation standard for trademark reverse confusion.