商标混淆和商标淡化视角下我国商标侵权行为地司法认定.pdfVIP

Abstract To the judicial cognizance of trademark infringement behavior, the key lies in the scientific and reasonable judicial cognizance standard of trademark infringement behavior. For the cognizance of the trademark infringement behavior, the trademark law system of our country is similar trademark and approximate goods standard, and well-known trademarks protection standard. Similar trademark and approximate goods standard is to protect the ordinary standard trademark, as a traditional trademark infringement cognizance standard in our country. Well-known trademark infringement cognizance standard is a kind of protection of well-known trademarks. Because the similar goods and approximate trademark standard and well-known trademarks across class protection standard that there is an obvious unreasonable phenomenon, is not conducive to Chinas trademark protection, and academic and judicial circles have called on to be modified. But if t he modified, what is the specific standards? To this, everyones view is different: trademark confusion standard and trademark dilution standard, trademark distinctiveness standard. This paper consists of three chapters. I use the analysis comparison method, literature analysis method, case analysis method. Through research and discussion, I think trademark dilution trademark and confusion standard should be adopted. I then discuss the advantages of trademark dilution standard and trademark confusion standard as well as the problem of the traditional trademark infringement cognizance standard and well-known trademark infringement cognizance standard. In the first chapter, through comparing