On The Identification And Legal Regulation Of Trademark Reverse Confusion Infringement

With the development of economic globalization,there are more and more cases involving trademark infringement in judicial practice.Among them,the number of trademark infringement cases related to reverse confusion has been increasing year by year in recent ten years.However,because of this confusion,the types of infringement are slightly different from the traditional positive confusion in terms of identification standards and legal regulation means,and the laws of our country regulate this aspect.There must also be gaps.Therefore,through the analysis of the unique identification criteria of reverse confusion,and combining with some classical cases in China and other countries,this paper summarizes a series of targeted suggestions to improve the legal regulation of reverse confusion.The full text is divided into three parts.The first part mainly elaborates the concept of reverse confusion,its origin and the difference between the positive confusion and reverse counterfeiting of similar concepts in combination with the classical cases of "Mustang" and "Goodyear" in American judicial practice,and makes a thorough analysis of the damage caused by the reverse confusion.The second part mainly identifies the reverse confusion invasion for the United States and other countries.The third part first elaborates the legislation and judicial status of reverse confusion in China,and through the analysis of the status quo,summarizes several problems in the treatment of reverse confusion infringement in practice,and finally puts forward corresponding suggestions.It is hoped that this study will be helpful to the development of trademark reverse confusion in China.