Identification Of Reverse Confusion And Legal Regulations

The trademark law is an important part of the adjustment of the market economic relations,and the theory of trademark confusion is the choice to occupy the core position of the theory of trademark law.Reverse confusion is the result of the expansion of the traditional trademark confusion theory in the direction of confusion,which originated in the United States.In recent years,with the development and development of China's market economy,the trademark is becoming more and more valuable,and the form of trademark infringement is becoming more and more diverse.The term "reverse confuse" is frequently used in the judgment of the court,and its popularity is getting higher and higher.However,while there are no provisions in our country's legislation that explicitly stipulate the reverse confusion of trademarks,Keep up with the times and synchronize updates.Based on this,the author believes that it is necessary to sort out and study reverse confusion in order to make some contribution to perfecting the theory of trademark confusion in our country,and to promote the development and progress of our country's trademark law,and hopefully to offer a little bit Theoretical support of our country's trademark law practice.This article is based on the basic case of the “If You Are the One” case,and takes the two most prominent disputes as the starting point for further analysis.In the analysis of dialects,it seeks to find regulatory proposals for further improving China's reverse confusion system.The first chapter presents the basic case and judgment results,sets out the focus of the dispute,and then focuses on whether the “If You Are the One” program name constitutes “trademark use” and whether it constitutes reverse confusion for the introduction of court judgment opinions and current theoretical perspectives.The article is divided into two parts at the end.The first part is the problem that the author sees in our country's reverse confusion system.The second part is the author's basis on the analysis carried out in front of it,and it is against China's reverse confusion system.The legal regulation puts forward suggestions in order to play a supporting role in the further improvement of the reverse confusion system in China.