论商标侵权认定中的混淆性标准——以“非诚勿扰”案为视角.pdfVIP

prerequisite of trademark infringement, the name of the program does not constitute The use of trademark without the need for trademark infringement identification. The second step is the traditional steps, trademarks and commodities exactly the same circumstances can be directly identified trademark infringement. The third step is the embodiment of the core idea of the newly modified law, and whether it is necessary to consider the possibility of confusion in the case of similarity as a prerequisite for trademark and commodity. The fourth step is the end, to a similar extent to determine whether the establishment of the possibility of confusion. The use of domestic new trademark law on the trademark infringement of the criteria for the analysis of the case, the conclusions are all Jiangsu TV side does not constitute a trademark infringement of JINAHUAN Marriage Agency , that is, the consequence of the Court of the verdict is biased, the reason is that there is a shortage of domestic provisions about the possibility of confusion. The second part expounds the importance of the confusion possibility in the trademark infringement identification through legal interpretation. From the perspective of the basic functions of the trademark, the structure of the trademark, the purpose of the legislative purpose of the trademark law, and clarify the shortcomings of the confusion possibility theory between the theoretical construction and the judicial practice, which is the reason of introduing the confusion possibility theory,Comparing with China s current situation and learning from and reflecting on. The third part though introducing the United States, the European Union, Japan