Demonstrate The Rationality Of Introducing The Confusion Standard Comprehensively ——Comment On Item 1 Of Article 57 Of Trademark Law

China’s trademark law does not fully apply the confusion standard in the provisions of trademark infringement,and Article 57（2）of the Trademark Law adds "likely to cause confusion" to determine whether the use of similar trademarks in the same or similar goods and the use of the same trademark in similar goods is trademark infringement by the confusion standard.Article 57（1）does not introduce the standard of confusion in the case of "double identical",but directly determines trademark infringement.The Trademark Law has introduced the standard of confusion to determine trademark infringement since2013,however,when the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in Hearing Civil Disputes over Trademarks was amended again in 2020,Article 9 still used the concept of "confusion" to explain the concept of "trademark similarity"."This shows that although the legislator has attached importance to the role of the confusion standard in determining trademark infringement,it has not completely stepped out of the previous trademark infringement determination by the same/proximity standard.This shows that although the legislator has paid attention to the role of the confusion standard in determining trademark infringement,it has not completely stepped out of the previous thinking of determining trademark infringement based on the same/similar standard.In this case,although Article 57 of the Trademark Law can solve most of the problems of trademark infringement in China,there is still a logical misunderstanding of " confusion " in the legislation and judicial interpretation,and most scholars still think that the standard of confusion should be introduced in the case of" double identical " in item 1." In addition,there are also judicial problems that "double identical" cases,such as foreign OEM processing,are not suitable for judging infringement.In order to rationalize the logic of China’s trademark law in the determination of trademark infringement,and to better solve some judicial problems in the "double identical" situation,the confusion standard should be fully introduced as the standard for determining trademark infringement,and the presumption of confusion should be adopted in Article 57（1）of the Trademark Law.