The Judgment Standard Of Similar Goods And Services In Trademark Infringement

The judgment standard of similar goods and service in trademark infringement is acontroversial issue both in theory circle and in practice. The focus of the issue is thejudgment standard should be subjective or objective. Through the deeply study of the issue,we find that “likelihood of the confusion” is the most important judgment standard ofsimilar goods and service. However, the kinds of “likelihood of confusion” are various. Inthe judgment of similar good and service, we should choose the use of subjective standardor objective criterion base on the kind of “likelihood of confusion”. In themeanwhile,<similar goods and service distinguish table>mainly used in the situation ofobjective criterion.In the judgment of similar goods, related judicial explanations rules that similar goodsare the mass referred consider they have special relations and have the likelihood ofconfusion. the likelihood of confusion is the final standard, mass referred are the mainbody of the judgment, and the special relations are the premise of the judgment. So in thejudgment standard of similar good should combined the three items above together.,...