A Study On Trademark Confusion

With the rapid spread of mass media and the globalization of the knowledge economy, the value of the trademark in business enterprises especially in well-known corporations are increasing and will become one of the most beneficial competition ways in the market-oriented economy in twenty-first century . As a kind of special recognition of signs and symbols, trademark is a definitely remarkable mark and the reasonable protection of trademarks exerts a great effect on the development of enterprises even the entire national economy.As the basis of strengthening the administration of trademarks, Trademark Law has not reflected the function of trademark law should have. The fundamental purpose of trademark protection is to prevent others from using the trademark owner's reputation improperly, to prevent the similar confusion between trademarks in order to protect the consumers'interests and to maintain the fair competition order of economy markets. From the perspective of trademark infringement, China's Trademark Law does not take the possibility of confusion existed among the consumers or the public as the criteria of trademark infringement and give regulation to the main factors that might influence the judgment of the confusion such as actual confusion, attention degree of the relevant public, improper intention of the users of trademark and so on, but serve whether the graphical logo, the form of goods or services are same or similar as a standard. The standard makes it impossible for the factors mentioned above to play their due roles in the process of trademark infringement and it does not meet the requirements of the times and should be modified.This paper took "confusion theory" as the research object and tried to establish the actual situation for the Chinese legislation of trademark infringement by exploring the principles and rules of the confusion theory system in order to promote the improvement of the trademark infringement system in China. The full text was divided into four parts: the first part gave rise to the basic concepts, the type and theoretical expansion of the confusion theory by analyzing the basic meaning of trademark confusion. The second part introduced the basis legal and fundamental function of trademark .The third part analyzed the recognized standards of trademark in terms of subject and object and made a further comparison between the trademark confusion in our country with reference to the foreign enactment of legislation. The fourth part introduced the rules of trademark confusion in trademark infringement and some useful proposals. This part also reflected on the trademark infringement legislation in our country and then put forward some recommendations.