On The Reverse Confusion Of Trademarks

Trademarks,as one of our most common intellectual property objects,are what we usually refer to as "brands".With the rapid development of the market economy and the trend of diversification,trademark infringement has not only been limited to positive confusion,reversed confusion also increasingly affects people's daily cognitive habits.Reversed confusion originates from the US trademark infringement theory,the United States established it as a system based on trademark infringement through judicial practice.In domestic practice,there is no clear definition of the nature of the reverse confusion and the principle of trial,it seriously affects the impartiality of penalties,The phenomenon of first instance,second instance and retrial of different judgments occurred in the typical case “If You Are the One”.The case has once become a topic of public concern.Due to the different directions between positive confusion and reversed confusion,leads to different kinds of infringement benefits and the different regulation of infringements.Recognizing trademark reversed confusion infringement needs to consider the possibility of confusion and constituent elements comprehensively through the multi-element analysis.