Research On Identification Of Infringement Of Geographical Indication Certification Trademark

Geographical indication proves that a trademark has the attributes of both geographical indication and trademark.The attribute of geographical indication is the core of geographical indication certification trademark,while the attribute of trademark is the shell of geographical indication certification trademark.Geographical indications prove that there are significant differences between trademarks and common trademarks.There are different understandings in the industry about the special influence of this difference on the determination of trademark infringement of geographical indication certification,and the phenomenon of different judgments in the same case appears in judicial practice.It is necessary to start from the similarity and confusion of geographical indication to determine trademark infringement,and also to consider the influence of fair use system.The article is carried out according to the following three levels: First,this thesis analyzes the elements of geographical indication and relevant legal provisions,and holds that the key factor to determine the similarity of its trademark is the text recognition part of its elements;Secondly,the criterion of possibility of confusion should be applied to the determination of trademark infringement by geographical indication.When applying the confusion possibility standard,the connotation of the confusion standard should be expanded moderately,including the confusion of the source and quality of the product.Finally,the judgment criteria of fair use in litigation of trademark infringement proved by geographical indications are clarified: that is,goods come from specific regions determined by geographical indications,are in good faith subjectively,have no obvious use objectively,and cannot damage the rights and interests of trademark registrants.The determination of infringement of geographical indication certification trademarks should be further improved by the following ways: special provisions should be made on the determination of infringement of geographical indication trademarks in legislation,the judgment method of similarity of geographical indication certification trademarks should be clarified,the connotation of confusion should be appropriately expanded,and the constituent elements of fair use should be clarified.Judicially adjust the determination of infringement of geographical indication trademarks,and make a comprehensive judgment by considering the factors of origin,management rules,authorization of geographical indication management organizations,and prominent use.