Abstract

Info

Title:: Reconsideration on the confusion doctrine of the trademark infringement

Author(s):: HAN Xu-feng; (School of Economic Law, Northwest University of Political Science and Law, Xi’an 710063, Shaanxi, China)

Keywords:: confusion; confusion probability; similar trademark; reverse confusion

Abstract:: Since the criteria for judging the trademark infringement are confusion doctrine at home and abroad and there are different opinions on the criteria, the paper analyzes the confusion doctrine based on the relevant theories and law suits. It is found that the relevant legislation at home should include the reverse confusion into the confusion doctrine and the criteria for judging confusion comprise the general attention of the public as the subjective criteria and the degree to which the commodity or service, and the trademarks are similar to each other, as the objective criteria.