Study On The "Possibility Of Confusion" In Trademark Infringement

Trademark,which is the important part of intellectual property,is an inevitable product of market economy.With the development of economic globalization,trademark is regarded as intangible assets in company.Its value is increasing steadily.As a result,it has became one of the most favorable means of competition in market competition.At the same time,all kind of infringement behaviors on trademarks are emerging in an endless stream and methods are increasingly sophisticated.As the prerequisite to judge whether trademark infringement happens or not,likelihood of confusion has been paid a great attention.The theory of likelihood of confusion is established its base status in trademark legislation by international treaty and the trade legislation in USA or other EU county.In order to follow the tendency of protecting international intellectual property and deal with the occurrence of trademark infringement case which is getting more and more frequent,china had modified trademark legislation in the third time in 2013.The new one added that likelihood of confusion is the composing elements of trademark legislation.Therefore,the theory of likelihood of confusion plays an important role in new trademark legislation.However,new trademark legislation never defines the definition of likelihood of confusion and tortious standard.It also hasn't specific ways or element to judge whether likelihood of confusion happens or not,which is do harm to the development of Chinese trademark legislation.This is the reason why the thesis chooses likelihood of confusion as the object of study.It also refers to the standard of likelihood of confusion and its usage infringement behaviors on trademark.Aiming to make trademark privilege protection and trademark legislation more prefect.The paper includes four parts.The first part is the introduction.The main introduced the research background,the research significance,the method and its innovation.The second parts involves the definition of likelihood of confusion,or rather,it lays emphasis on classification of trademark confusion,the identification standard of likelihood ofconfusion and its identified element.The third part of the research process,mainly the status analysis and problems about the identification standard of likelihood of confusion.Besides,it also includes investigations and references to foreign system.The last one discusses how to modify the identification standard of likelihood of confusion from two aspects such as judicature and legislation.Finally solution will be put forward.