Analysis Of The Trademark Confusion Judicial Standard In China

China’s trademark law prescribes that the likelihood of confusion is the trademark infringement determination element. It exchanged the situation of lacking trademark confusion standard in the field of trademark infringement in China. However, likelihood of confusion in the new trademark law has fuzziness and uncertainty. Because of the influence of the similarity standard, the application of confusion standard in the judicial practice is in chaos. In addition,the scholars have turned their attention to the study of the association theory and the dilution theory. There is inaccurate relation orientation between likelihood of confusion and similarity. Confusion standard did not become trademark infringement standard. The main reason for the problem is that trademark law in China had used similarity standard for a long time. And “confusion” had been an explanation of the similarity standard. In conclusion, the key to solving the problem is combing relationship between likelihood of confusion and similarity.Only by this way can realize the value of confusion standard.