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On The Possibility Of Confusion In The Judgment Of Trademark Infringement

Posted on:2020-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhaoFull Text:PDF
GTID:2416330578979137Subject:Law
Abstract/Summary:PDF Full Text Request
Avoiding trademark conftusion is one of the important purposes of China's trademark law.The "Trademark Law of the People's Republic of China",which was implemented on May 1,2014,establishes the judgment standard for trademark infringement in China,that is,the standard of confusion.However,the "Trademark Law",has not clearly clarified the concept of the likelihood of confusion,the identification of factors and other issues.As the core standard of trademark infringement judgment,the likelihood of confusion and its judgment is a more complicated problem.The approximation of trademarks and the similarity of commodities are only important factors for judging the likelihood of confusion.Whether or not confusion occurs is subject to other market factors.influences.For example,the salience and visibility of trademarks,subjective malice of accused infringers,evidence of actual confusion,and consumer factors.This paper follows the theoretical basis of the likelihood of confusion to the specific research ideas,and sorts out the confusion likelihood and the basic theory of trademark infringement.Based on the current law,it sorts out the reference elements of the likelihood of confusion and its application in practice.
Keywords/Search Tags:Trademark Infringement, Trademark Confusion, Likelihood of Confusion
PDF Full Text Request
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