Discussion On Similar Trademark Judgment

The trademark man wants to get legal protections through registration. However,because the huge commercial interests of the trademarks especially the famoustrademarks, trademark infringements such as “using a trademark that is identical withor similar to a registered trademark” keep increasing. It is not only doing seriousharm to the legitimate interests of trademark oblige, disturb the market order of faircompetition, but also infringe the legal rights and benefits of the consumers.Therefore, it is significant to crack down such trademark infringements and to protectthe legitimate rights of trademark man and the consumers. Meanwhile, countries paidmuch attention to the question of how to judge the similar trademarks in a correct andreasonable way. For many years, various countries have formed some principles,standards, methods and judicial practice that are accepted by the other countriescombined with its actual conditions on the similar trademark judgment, and it has acertain reference to the perfection of the similar trademark judgment. However, eventhough the Trademark Law clearly defined the acts such as using a trademark that isidentical with or similar to a registered trademark in respect of the same or similargoods constitutes trademark infringement, there are no clear rules of the judgment ofsimilar trademark, which causes difficulty to similar trademark judgment in thejudicial practice.In fact, the similar trademark judgment is not only a problem in the trademarkinfringement, but also needs to be focused during the process of examining thetrademark registrant and hearing the trademark case which did by the trademarkadministrative authorities.As in our country, Trademark Law just uses the word ofsimilar trademark. It is not elaborate the meaning and the relevant details of thesimilar trademark, not to mention to sets a specific rule on this problem. All thesequestions lead to the problem of lacking corresponding legal basis in the similartrademark judgment. Although the judicial interpretation has set the principle of the similar trademark judgment, and the meaning of the similar trademark and similarfood as well, which provides certain direction to the judgment, however, the rules arenot specific enough. Meanwhile, because the low legal effect that the other authorityfiles such as the administrative laws and regulations have, these norms are don’t havegeneral applicability。Besides, the likelihood of confusion principle should to be theguiding principle and the most important standard of the similar trademark judgment.But as the most fundamental and most important law of the brand protection, it is notcorrect to never tell this important criterion, the law needs to be improved.This thesis centers on the judgment of similar trademark, comprehensively usingthe methods of comparative analysis and social survey research, consisting of fourparts to make a comprehensive, systematic and detailed analysis and study of thesimilar trademark judgment problem. Meanwhile, it also puts forward the suggestionsand countermeasures for the improvement of the trademark law system. It hopes toplay a reference role to set objective, accurate and reasonable recognition standard ofthe similar trademark recognition.The thesis focuses on the similar trademark judgment, considers the legal rulesand judicial practice of various countries, and regards the likelihood confusionprinciple as guides. It undertakes an analysis and deliberates on the significances,preconditions, standers, specific methods and the questions that need to be paidattention to of the similar trademark judgment. Firstly, this article wants to find thedefaults and the parts to improve by analyzing the rules of the similar trademarkjudgment in China as well as in Britain and in America. Secondly, the thesis takes thelikelihood of confusion as a key question to analyze, defines the rationality andsignificance of the likelihood of confusion standard and gets ready to givesuggestions as well. Thirdly, it makes a comprehensive analysis and summarizes onthe judgment of similar trademark with the current situation of the judgment ofsimilar trademark in China. On the above base, I will give my own suggestions inhopes that it could provide some references to the perfection of the similar trademarkjudgment system.The significance of this thesis is to define the necessity and urgency ofestablishing standards on similar trademark judgment, to summarize the efforts and achievements made by the judicial administrative organ and the relevant scholars ofthe world, in order to seek for further perfection measures, and to provide beneficialreferences to the similar trademark judgment.