Study On The Relevant Legal Problem About Trade Mark Reverse Confusion Of China

The trademark "reverse confusion" infringement cases in China have had tenyears old.There are a few well-known cases appeared in this decade.With thedevelopment of economic globalization, we can expected that such cases is to occurmore frequently in the future,which puts forward the requirement of keeping pacewith The Times On China’s trademark law system.At present, China’s trademark lawsystem seemed to be somewhat lagging. The academic circle have not much attentionon the theory of “reverse confusion”.when “Reverse confusion” case occurs, Courthas not a unanimous views for “Reverse confusion”,also about the compensation.Therefore, we have the necessary to have a research on the legal issues of "reverseconfusion".On the study of the "reverse confusion" cases domestic and overseas., this paper,use the theory of trademark infringement, and to learn from the outcome of the relatedtheory and judicial practice, analysis and discussion reverse confusion legal issues inChina, including define the concept of the "reverse confusion" and the basic theory ofsorting out. focusing on analysis of the status and defects of the legal Regulation ofChina’s reverse confusion, on this basis, Put forward some legislative and judicialsuggestionsIntroductory section begins with an overview of the important role of thetrademark, as well as the background of the phenomenon of reverse confusion,reverse confusion characteristics and hazards through case reflect the Chinatrademarks reverse the confusing regulatory shortcomings, and a brief introduction tothe academic community on this issueResearch, the research background of thisarticle and research purposes.The text is divided into three parts:The first part of the analysis and interpretation of the basic theory of reverseconfusion. First introduced the trademark reverse confusion typical case ofinfringement cases of reverse confusion traceable U.S. and China reverse confusion cases in a typical case of reverse confusion case. After a brief description of theabove-mentioned case, summed up the characteristics of reverse confusion, that thedefendant has no intention of use plaintiff goodwill, market status of the poor, theinfringement is not subjective malicious different reverse counterfeit. Combination oftrademark legislation, the judiciary and academia on the interpretation of reverseconfusion, the definition of reverse confusion concept thinking, and summarize a fewpoints need to be out of misunderstanding: the strength of the plaintiff and thedefendant is only reflected in the economic strength; the defendant’s behavior is good;reverse confusion is only applicable to the dispute between the two trademarks; samereverse confusion of subject and forward the confusion of the main; prohibit reverseconfusion is to encourage "squatting". After combing the above theory, made asuperficial attempt the definition of reverse confusion. And reverse confusion andforward the dangers of confusing distinction between three aspects of trademarkowners, consumers, fair competition in order to further specific analysis of thedangers of reverse confusion. From freedom, equality, efficiency point of view, theuse of economic analysis methods as well as law and economics theory, prohibit thelegitimacy of reverse confusion argument. Analysis and summary of the reverseconfusion infringement constituent elements, including the specific circumstances ofreverse confusion with the certified standard.The second part of the Legal Regulation of China’s "reverse confusion," thestatus quo. China’s trademark legislation and judicial practice, a study on the defects(to recognize the "reverse confusion" is too simple to determine the amount ofdamages to the difficulties), including identification of trademark infringement, aswell as the determination of the amount of damages were analyzed.The third part of the Legal Regulation of China’s trademark reverse confusionrecommendations of the legislative and judicial. Reverse confusion of legal regulationdefects, learn from the United States, Theory and Practice of results, combined withChina’s actual situation, to raise the perfect proposal:"likelihood of confusion" as therecognized standard of trademark infringement; in trademark law clear provisions ofreverse confusion, the introduction of the ban system, infringement identify the amount of damages determined to deal with the infringer distinction betweensubjective intent and negligence and the flexibility to use the method of calculation ofthe amount of compensation; perfect trademark fair use system, by adding the namesof individuals rational use regulations; perfect reverse confusion disputes solution,bringing the two sides reached an agreement on the principle, the two sides could notreach an agreement by courts to supplement the solution.The last section is a summary of the full-text views.