Research On Trademark Reverse Confusion

With the rapid development of China’s commodity economy,the property rights of registered trademarks in China are gradually strengthened,the types and concepts of confusion are expanded,and the theory of reverse confusion comes into being.There are more and more reverse obtrusion in judicial practice in our country,and the lack of legislation makes judicial practice face difficulties.It is necessary to sort out and deeply discuss the theory of reverse confusion of trademarks,and establish the theory of reverse confusion of trademarks in line with China’s national conditions on the basis of the essential attributes and functions of trademark rights.The first chapter of this paper is an overview of reverse confusion of trademarks,introducing the source of reverse confusion,analyzing its connotation and the background of its emergence in China.The second chapter focuses on the right value,efficiency value and fair value,and analyzes the reasons why trademark reverse confusion constitutes infringement from the perspective of legal theory.The third chapter discusses the legislative construction of the trademark reverse confusion system in China,including the necessity of establishing the system and its attribution in the legislative system of our country.The fourth chapter analyzes the problems existing in the judicial practice in dealing with trademark reverse confusion cases.This includes the uneven basis of the right of claim caused by unclear legislation,the different standards for the recognition of infringement in Chinese court judgments and the unreasonable way of tort relief.The fifth chapter puts forward the corresponding measures,and the reverse obfuscation tort should be legalized.The criteria for the identification of reverse confusion infringement should be logicalized,in which trademark use is the first step of the identification of infringement,approximation judgment is the second step,which is also the precondition of the identification of infringement,and confusion possibility identification is the third step,which is also the key element.The remedy path of reverse obliquity tort should be scientific,and the absolute tendency of "stop infringement" remedy should be corrected.The applicable standard of reverse obliquity damage compensation should be adjusted in a benign way,including the introduction of a benign adjustment mode based on the principle of equity and the appropriate use of punitive compensation standard.