The Reference And Research Of Trademark Infringement Judgment Standard In Japan

With the development of the economic globalization, trademark plays important role in our society. It is not only identification of goods or services, but also as the recognition of intangible assets. As a result, the infringement of trademark is increasing. This is not only do harm to the legitimate rights of trademark and consumers, but also disrupt the stable and healthy development of market economy. It is necessary to prevent the infringement of trademark. Then how to judge whether a trademark infringement becomes the first question of stopping the infringement,which determines the level of protection of consumer interests and the authority of the trademark owners. The standard of Likelihood of Confusion, a main standard to determine trademark infringement at judicial practices in Japan. It has great value for the protection of consumers and trademark rights. The criterion of trademark infringement in China is through several evolution. The principle of Likelihood of Confusion has eventually been determined in trademark law in 2013, after clarifying the relationship between infringement of trademark and confusion of trademark. As the standard of trademark infringement, the standard has transferred from similarity to confuse standard. But, it’s also worth pointing out that confusion infringement judgment standard is not completely established in our country, there also has still has fuzzy, Controversial question. For example, when trademark and commodity all the same, It is necessary to consider the confusion likelihood or not. Ever throng Trips Agreement said this cases should be presumed to have the possibility of confusion.Therefore, double under the condition of the same trademark and goods confused whether to need to consider factors worth exploring. In addition. with the development of the economic, trademark infringement becomes diversified development. After the confusion likelihood has been fitted by trademark law, there are only statutory provisions of “Easy to Cause Confusion” to providing principle guidelines to the judicial practice. But if only according to the principle of "easy to cause confusion" are hard to push our confusion possibility standard applicable, it isdifficult to deal with a new type of trademark infringement cases. Therefore, in order to uniform legislation and guaranteed justice, there need our continuous efforts to do new researches based on the advanced foreign theories. The factors of confusion possibility standard should be fitted by law, and also the categorization system of confusion possibility standard should be determined, guiding the confusion typed development and so on. Anyway, we should do all to avoid the disconnection between legislation and justice, the protection of trademark rights for legal and rational.