The Empirical Analysis Of Trademark Reverse Confusion And Its Regulation Path Research

With the rapid development of market economy,the role of trademarks in market competition has become increasingly prominent.Reverse confusion,as a new type of trademark infringement,has gradually come into the public eye,and it shows a trend of increasing year by year as time goes by.Compared with the traditional forward confusion,it has its own characteristics such as the difference of market position,the complexity of subjective purpose,the multiplicity and concealment of damages and so on.Considering from the perspective of fairness and law and economics,we can also know that it is legitimate to regulate it.Through to our country trademark reverse confusion case for judicial investigation,based on judicial decisions itself,for damages in judicial practice,legal basis,the paper summarizes aspects such as the elements of the,through a large amount of data visual rendering can reflect,reverse confusion cases in the judicial practice are still lack of trademark and examine the legitimacy to the plaintiff,standards have not yet unified,damage compensation standard is not clear,and many other problems,these problems to a certain extent,led to higher rate of interpretation,affect the judicial fairness and stability.Aiming at a series of outstanding problems in the judicial practice,combined with domestic actual and dialectical experience in other country,can strengthen the legitimacy of the plaintiff trademark review,clearly China standard of trademark reverse confusion,by adopting the combination of licence fee multiples and punitive damages compensation standard,and on this basis to explore diversified dispute resolution mechanisms,such as compulsory licensing or compulsory transfer,which can be used in reverse trademark confusion cases,to break through dealing with the forward reverse confusion cases are confused,to make the legal regulating of the trademark reverse confusion more hasten is perfect,improve the scientific nature and rationality of ruling,so as to realize the balance of the interests of the trademark owner,the trademark user and the public.