On The Cognizance Of Trademark Infringement

The fundamental purpose of trademark legislation is to guide consumers shopping,right to protect the lawful rights and interests of the obligee,preventing consumer confusion.However,with the rapid development of economy,the traditional standard of infringement has not completely deal with the complicated tort.Prior to 2013,the trademark infringement judgment is "similarity" way of single judgment,the single judgment model has apparently doesn’t accord with our national condition.After that,the 2013 trademark law changes in the law in the second paragraph of article 57 increased the "confusion possibility",makes for our country trademark infringement into "similarity + confusion possibility" of the new standards.Such changes make the cognizance of the trademark law,the tort in some extent,have made certain progress.Conform to the international conventions and legislative trend of the world,and the judicial development of cohesion,is of great significance and far-reaching.Only in China but all provisions stipulated in the "confusion possibility",and not the specific mode of operation,namely there is no corresponding supporting measures,difficult to correctly in practice.This paper mainly in the form of case,elaborated the historical evolution of the trademark infringement and its components,and draw lessons from the United States,the European Union and other countries on the issue of legislative idea,refer to their system design,according to its national conditions,conforms to the contemporary Chinese characteristics of trademark legislation Suggestions,better service to the market economy,protect the legitimate rights and interests of stakeholders.At the same time,the new revised "trademark law" in line with the legislative purpose and objectives of the trademark law,also is the internal requirement of market competition,promote the whole society to promote the efficiency of the market.