Research On Judicial Judgment Of Trademark Confusion

At present,the standards for trademark infringement that some countries in the world have imposed are the possibility of confusion.In 2013,China's trademark law has clearly defined the possibility of confusion as the core criterion for trademark infringement.In spite of this,there are ambiguities and uncertainties in the confusion of trademarks,and confusion in the determination of the likelihood of confusion.The specific judgment method remains to be studied.This article starts with the empirical analysis of trademark infringement cases,comprehensively analyzes the problems existing in the current judicial determination of the possibility of confusion,and seeks to improve the existing theory of the possibility of confusion in trademark infringement through the use of the mature judicial practice of the theory of the probability of confusion in foreign countries.Applicable in the determination.This article is divided into three parts:The first part briefly introduces the basic theory of trademark infringement.The essential function of a trademark is to identify the source of the goods or services.The original intention of the legislation of the trademark law is to protect the investment rights of the trademark right holders in the trademark,and also to protect the interests of consumers.This is also the possibility of the trademark law in China's trademark law.The root cause of the core elements of trademark infringement determination.According to different classification criteria,confusion can be divided into direct confusion and indirect confusion,ore-sale confusion,sales confusion and after-sale confusion and other basic types.At present,the definition of "specific contact" in indirect confusion in China's relevant legislation is not yet clear,and there are no clear legal provisions on the two types of confusion,ore-sale confusion and after-sale confusion,which brings many difficulties to judicial practice.The second part makes an empirical analysis of recent trademark infringement cases.The data of empirical analysis mainly comes from judicial cases related to trademark infringement from 2013 to 2017 in China Judgment Paper.The empirical analysis of the case includes four parts: framework setting,case overview,determination of trademark infringement,and summary of problems.Based on the collection and collation of relevant data,the author finds that China's judicial community currently exists in determining trademark infringement cases.Many issues are analyzed and combed in depth in order to provide better ideas and suggestions for the development and improvement of China's trademark system.The third part puts forward some suggestions for the problems appearing in the judicial determination of trademark infringement cases in China.Including the correct interpretation and application of Article 50(1)of the Trademark Law,clarifying the logical relationship between the "conflict possibility" standard and the "trademark similarity" standard,as well as grasping the basic principles and basic methods of trademark infringement determination,and introducing The new area for the basic method of trademark infringement determination is the Consumer Survey.Consumer questionnaires are used as anecdotal evidence in the world,but there is a low utilization rate in our country.This paper demonstrates the legitimacy of the consumer survey from two aspects: Scientology and admissibility.It also scientifically designs the questionnaire to provide some feasible ideas and suggestions for current judicial practice.