Research On Trademark Infringement Judgement Of Game Name

With the vigorous development of the game industry,the trademark infringement cases caused by the game name are also increasing year by year.Because of the dual attributes of the game itself,such as the way of leisure and the cultural industry,and the inherent descriptive and universal nature of the game name,the judgment of trademark infringement involving the game name tends to be complex,There are also different views on whether trademark use constitutes an independent prerequisite for trademark infringement judgment in the theoretical circle.There are also cases of inconsistent standards and unclear relationship in the identification of game name as trademark use and possibility of confusion.In this paper,combined with the relevant theory of trademark infringement in China,through the way of case introduction,the judgment of trademark infringement of game name is studied.Apart from the introduction and conclusion,the article is divided into four chapters as follows.The first chapter introduces the concept and main functions of the game name,and concludes that the game name can be used as a trademark.The game name that meets the legal conditions can be registered as a trademark.Through the exploration of the relationship between game name and game name trademark,as well as the differences in the judgment of game name trademark infringement in judicial practice,it leads to the follow-up research.The second chapter starts from the basic theory of trademark infringement judgment,expounds the two theories formed by the current dispute about the status of trademark use in the infringement judgment,and determines that the trademark infringement judgment of game name should apply the theory of "trademark use +confusion possibility".Firstly,the trademark use is identified,and then combined with the confusion possibility to comprehensively judge whether the game name constitutes trademark infringement.In the third chapter,based on the pre-position of trademark use in the judgment of trademark infringement,through the analysis of the scene,mode and purpose of the game name,combined with the relevant public in the game field,the author makes a comprehensive identification to determine whether the use of the game name constitutes trademark use.In the fourth chapter,the possibility of confusion caused by the game name is determined.Firstly,combining with the use of the game name,the constituent elements and significant parts of the game name are compared with the trademark in the isolated state,and the similarity of the trademark is comprehensively judged;Secondly,through the judgment of related games,the similarity of goods is judged from the perspective of game type,playing method and style;Finally,the author makes a comprehensive judgment on whether the game name is easy to cause confusion by referring to the significance and popularity of the game name trademark,the attention of the relevant game audience and the subjective intention of the infringe.