Year: 2024
Type: article
Abstract: Trademarks are attached to goods and are marks for identifying the source of similar goods or services. Real social life is complicated and various trademark infringements emerge in an endless stream. In order to safeguard the legitimate rights and interests of producers and operators who provide goods or services and relevant consumers, it is necessary to clarify what the identification standards for trademark infringement are. After years of research and development, the trademark law in China has developed from the traditional single similarity standard to a dual-standard model in which similarity and possibility of confusion coexist. This paper first briefly explains the relationship between trademark confusion theory and trademark infringement, and further demonstrates the theoretical basis for the existence of possibility of confusion. Secondly, by studying various more mature trademark infringement determination standards abroad, and realistically combining the current development status of China's trademark law, further clarify the status and value of China's possibility of confusion standard in judging trademark infringement. Thirdly, by comparing and studying trademark infringement cases that occurred in China's practice, the problems existing in China's current trademark infringement determination are analyzed. Finally, suggestions for improving the possibility of confusion theory in China's trademark infringement determination are put forward to further clarify the relationship between the trademark similarity standard and the possibility of confusion standard.
Source: Journal of economics and law.
Author: Xueqing Zhou
Institution: China Jiliang University
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409981246