词汇概念与认知模式理论角度下的商标侵权案例分析-an analysis of trademark infringement cases from the perspective of lexical concept and cognitive model theory.docxVIP

iiiiAbstractAs the research field of forensic linguistics extends, the role of linguistics in law have become more and more obvious. Now the trademark infringement cases occur frequently, however, the number of the researches on the trademark infringement from the perspective of linguistics is limited. The phenomenon of trademark infringement is both linguistic and psychological. The author endeavors to select five trademark infringement cases which are caused by confusion and dilution and adopts a descriptive and qualitative method to analyze these cases under the guidance of the LCCM theory (the Theory of Lexical Concepts and Cognitive Models). The Theory of the Lexical Concepts and Cognitive Models is a combination of linguistics and psychology. The LCCM Theory can be used to analyze the features of the trademark infringement cases and explore the linguistic and psychological basis for trademark infringement. The author has drawn some figures of the partial cognitive model profiles for the trademark infringement cases caused by confusion and dilution. In the analysis of trademark infringement, we have noticed that similar sounds, looks and meanings are the major apparatus upon which the producers and merchants depend to commit the trademark infringement, especially in the infringement cases caused by confusion, for the consumers may often produce the cognitive errors in those situations. In most of the trademark infringement cases caused by dilution, the consumers usually produce two cognitive model profiles and the functions of trademarks are weakened. The author hopes that the researchers can pay more attention to the trademarks and also hopes this study is helpful to the adjudication of trademark infringement cases from some more perspectives in addition to what are the prevalent judicial practice.Keywords: trademark infringement, LCCM Theory, trademark confusion, PAGE PAGE iiitrademark dilution摘要随着法律语言学研究范围的不断扩大，语言学在法律中的作用日益突出。目 前，商标侵权案件频发但从语言角度对商标侵权进行