The Theory Of Determination Of Approximate Trademark Not To Cause Confuse

The essence of a trademark is a condensed symbol of the operator’s business reputation, whose accumulation is a process of interaction between operators and consumers. And itself contains the general evaluation on the operator’s investment of labor., the recognition of consumer and market competitiveness.The trademark law protects business reputation by gradually protecting the distinctiveness of trademark. And in order to realize the value pursuit of justice and order,it should show its inclusive when both two parties respectively manage sincerely and establish a certain business reputation and popularity, forming their relevant consumer groups. In modern times, with the promotion of the business reputation’s position and value,trademark has become a main means of competition between operators, \ "free rider\" and \ "fake\" phenomenon also gradually increasing. Therefore,hovering between protection as competitors and trademark infringes, the trademark law unavoidably have a balance of balance. In judicial practice, the view that approximated trademark necessarily leads to infringement has already been abandoned, which is replaced by the confused standards.The current trademark law has further clarified the point that trademark approximation is not necessarily cause confusion. So that whether the trademark is approximated or not should be identified independent of the confusion standard,and it must be based on the general attention of the relevant consumers when compared the pronunciation, form, meaning of the trademark on the whole or the significant part,while the likelihood of confusion must be considered in the concrete case by the degree of trademark’s similarity, trademark distinctiveness, the similarity of goods or services, the defendant’s confused intention, the actual evidence, historical factors, etc. When decide that the approximate trademark not to cause confusion, we should especially focus on the use of goodwill, geographical factors, the division of market pattern and specific historical factors. Only then can reveal the fairness and justice protection to the users of the good faith and to crack down on the trademark infringes by the trademark law.This essay is divided into four parts:The first part makes the introduction of the case.It mainly contains summing up the focus of controversy of the case based on the cause of action and the facts of the case.The second part discusses the focus and make analysis of the case. In particular: Determination of trademark approximation; Determination of likelihood of confusion. It is worth mentioning that the author mainly analyzed according to the judgment of the Supreme People’s court, and then draws inspiration of the case: similar to a trade mark does not necessarily cause confusion and it is necessary to do a research on the identified of not to cause confusion.The third part and the fourth part discusses the relationship between trademark approximation and confusion; why approximate trademark not to cause confusion. The author will use the method of comparative analysis of comprehensive national legislation experience and judicial experience to carry on the elaboration to the two issues, conclusions were drawn.