支配权视角下的商标侵权混淆可能性研究.PDF

Abstract: To look at the problem in the perspective of trademark’s basic properties, especially the desposition nature of trademark, can help to clarify that the nature of trademark infringement is the damage to the effectiveness of desposition by trademark right, whereby the paper concludes that the possibility of confusion is not only the major manifestation but also the judgment basis in determining damages to trademark’s desposition. Based on the conclusion, the paper analyzes the relationships between the possibility of confusion and the protection scope of trademark as well as trademark’s desposition, in the hope of providing theoretical basis for China’s Trademark Law to stipulate different requirement for possibility of confusion according to different degrees of similarity between commodities and trademarks. Meanwhile, the paper wishes to reply the practical question as how to determine the relationship between the possibility of confusion and the judgment of trademark similarity. Key Words: desposition; possibility of confusion; trademark infringement; trademark similarity