Research On The Likelihood Of Confusion In The Context Of Trademark Coexistence

The likelihood of confusion is an important standard to judge trademark infringement in the traditional context.In the context of trademark coexistence the likelihood of confusion has its particularity.On the one hand,the concept composition of trademark coexistence and confusion likelihood overlaps.On the other hand,there is a conflict of interests between trademark coexistence and confusion likelihood.In practice,the judgment on the likelihood of confusion in the coexistence context also has many deficiencies,which are mainly reflected in three aspects: the wrong insistence on excluding the likelihood of confusion in the context of trademark coexistence,the unscientific demonstration of the identification of the likelihood of confusion,and the insufficient discussion on the tolerance of the likelihood of confusion.To solve these problems,we should first clarify the correct positioning of the likelihood of confusion in the coexistence of trademarks.If there is no conflict of interest in the coexistence context,there is no need for special relief.Therefore,there must be the likelihood of confusion in trademark coexistence.The likelihood of confusion is usually not tolerated,but based on the three aspects of the private right attribute of trademark right,the principle of interest balance and the value orientation of trademark law,we can find the legitimate basis for tolerating the likelihood of confusion in the coexistence context.At this time,the judgment standard of infringement also changes from the existence of the likelihood of confusion to the degree of the likelihood of confusion.Therefore,the likelihood of confusion is not only the premise of trademark coexistence,but also a tool to judge whether coexistence is established or constitutes trademark infringement.The identification of confusion likelihood is another important proposition.In trademark coexistence,how to investigate these factors should be specially treated.In addition,the boundary problem of the extent to which the likelihood of confusion constitutes infringement cannot be ignored.The tolerance of the likelihood of confusion should be higher than the general context.We can objectively present the degree of confusion likelihood with the help of actual confusion factors,especially through the actual confusion questionnaire.Finally,we need to recognize that likelihood of confusion will inevitably have a negative impact,which should be regulated by the trademark law,rules should be designed to reduce the negative impact.Corresponding restrictions can be set according to different types of trademark coexistence.Under the legal coexistence,risk prevention and control is carried out with the help of the prior use right system,and the legal coexistence caused by review errors should not be treated as infringement at the same time.The coexistence of agreements should be considered separately from the perspective of civil law and trademark law.The risk of confusion can be prevented and controlled by reviewing the effectiveness of trademark coexistence agreements,requiring the addition of trademark distinguishing signs,increasing the publicity system of coexisting trademarks and appropriately extending the announcement period,and establishing a dynamic supervision and cancellation mechanism of coexisting trademarks,In order to maintain the market order and balance the interests of all parties.