Trademark Infringement Judgment Study

The thesis mainly deals with the determination of acts of trademark infringement. With the further development of the market economy in China, the value and function of trademarks brings out conspicuously day by day along with the increase in the intensity of acts of trademark infringement. Investigating and prosecuting acts of infringement of trademark is an important way to maintain the normal order of Socialist market economy of China, whereas how to determine acts of trademark infringement is the precondition for the protection of exclusive right to use trademarks. In light of the current circumstance that there are no internationally well-known trademarks in China and trademarks well-known domestically have often been preemptively registered by foreigners, which has greatly hampered the economic development of China therefore, studying the acts of trademark infringement and putting forward legislative suggestions is necessary in order to guide the judicial practice and protect the interests of trademark owner and the public. The thesis compares foreign countries related laws and regulations about trademark infringement with our country, trying to find out the best way to protect our trademark and giving the better advice to deter the act of trademark infringement at the same time. The thesis is divided into four parts:Part one: Basic theory of trademark infringementFrom the perspective that trademark right is both property right and private right, this part mainly explains the necessity to give legal protection to this civil right and the protection scope should be determined by Chinese trademark laws. It also elaborates on the theory of confusion, association and dilution of trademark infringement. The evolution of trademark function from a mainly differentiating function to an economic function brings out constant development and enrichment of the trademark protection theory from confusion theory to...