Legal Regulation Research Of Trademark Reverse Confusion

Trademark reverse confusion originated in the United States,and its entry into China started from the "Freezing Point" trademark infringement case.In the early stage,the development of reverse confusion theory was relatively slow,and the courts were more cautious in applying it.However,with the deepening of competition among market players,competition among different market players has become more intense,and the awareness of rights protection of some small companies has gradually increased.Our country has encountered problems in judicial practice.The number of reverse obfuscation cases is also increasing.Trademark reverse confusion is a situation in which the subsequent user of the trademark confuses the relevant public to believe that it is the owner of the trademark through the promotion and application of the trademark.Reverse obfuscation infringement destroys the order of fair competition and damages the legitimate rights and interests of trademark owners,users and the relevant public.It is one of the hot topics in current judicial practice.There is a big difference between reverse confusion and traditional trademark forward confusion in terms of identification factors and damage results.However," Trademark Law of China" and related judicial interpretations have not responded positively to reverse confusion.Starting from the basic theory of trademark confusion infringement,this article analyzes the current situation of the application of the reverse confusion system in our country through the analysis of reverse confusion infringement famous cases in recent years,and concludes that there are mainly inconsistencies in the identification standards and solutions in our country practice.The method is relatively simple and the reverse obfuscation system may be abused.Secondly,on the basis of analyzing and comparing the reverse obfuscation system of the United States,the European Union and Japan,we can draw enlightenment for our country.Finally,we put forward perfect measures and suggestions for the shortcomings of reverse confusion in our country,mainly based on the research results of previous scholars,drawing on the American rights slack system,and combining our country practice to conditionally grant the accused infringer the right of slack defense.It can urge right holders to actively claim rights,and it can also timely crack down on illegal acts that infringe on trademark rights,balance the interests of all parties,and prevent the abuse of the reverse confusion system.