Research On Judicial Determination Of Trademark Reverse Confusion Infringement In My Country

Reverse confusion means that consumers mistakenly believe that the goods of the trademark owner are the goods of the accused infringer.As a new type of trademark infringement,reverse confusion has special characteristics such as the opposite direction of confusion,diversification of confusion behaviors,and complicated results of confusion.This will not only harm the interests of trademark owners and consumers,but also undermine the market environment of fair competition,so it is necessary for regulation.However,due to the inherent shortcomings of my country’s trademark registration system,the court should remain modest in its specific judicial determination.Although the "Trademark Law" and the "AntiUnfair Competition Law" provide the legal basis for my country’s judicial determination,my country’s legislation has not made a clear response to trademark reverse confusion infringement,which has led to the lack of a unified judgment by the court in the specific judicial determination Standards,and produced a number of controversial referee results.Based on statistics and analysis of trademark reverse confusion infringement cases,this article finds that there are problems such as lack of trial standards,inconsistent identification standards,and lack of awareness of malicious trademark litigation in my country’s judicial identification.Through the investigation and reference of the judicial determination of reverse confusion infringement of foreign trademarks,this article proposes to improve the trial specifications of trademark reverse confusion infringement cases,unify the judicial determination standards of trademark reverse confusion infringement,and strengthen the identification and punishment of malicious trademark litigation,with a view to The judicial determination of reverse confusion infringement of trademarks in my country provides assistance to further optimize the business environment.