Research On Legal Regulation Of Reverse Confusion Of Trademarks In China

With the continuous development of the market economy,the form of trademark infringement is more diverse,and the reverse confusion of trademarks has also emerged.Trademark reverse confusion is different from positive confusion.There is a difference between the market position of the two parties,the subjective intention of the trademark after the user,and the harm result.In the reverse confusion,the consumer usually will be the prior trademark owner.The goods or services are mistaken for the origin of the trademark or the existence of a link.Based on the consideration of the fair competition order of rights holders,consumers and the market,it is necessary to regulate the reverse confusion of trademarks.However,through the analysis of the current legislation of the reverse confusion of trademarks in China and the typical cases in judicial practice,it is found that there is no infringement of trademark reverse confusing in the legislation,and the standard of trademark reverse confusion infringement is not uniform in judicial practice.And three aspects of irrational relief measures.The United States is the birthplace of the trademark reverse confusion theory.It has accumulated rich practical experience through the continuous development and improvement of judicial precedents,which is worth learning and learning from.Based on the analysis of the problem and the experience of the United States,this paper proposes the trademark of China from the aspects of clarifying the reverse confusing behavior of trademarks,determining the standard of trademark reverse confusing and infringement.Reverse Confusion of Legal Regulations.