论商标法中的消费者-民商法专业论文.docxVIP

II II 制定科学的调查方案等。 关键词：消费者；显著性；混淆可能性；心理；吸引力 III III Abstract As the economic functions of trademarks is eliminating the asymmetry of commodity information between enterprise and consumer, only consumer establish a link between trademark and commodity, trademark can indicate product sources and play a role in reducing consumer search costs. There is no necessary link between proprietor’s awareness to trademark and the function of trademark. “Relational public” is a very big and improper concept in the trademark law; “consumer” is truly valuable. Consumer is the basis and in a central location in the trademark law. Protecting the consumer is not only a important legislative purpose of trademark law, and can even be the ultimate purpose of trademark law. One of clever ways of Trademark and Unfair Competition Law is to protect interests of competitors, and ultimately achieving the purpose of safeguarding the interests of consumers. Competitors can be seen as agents of revenge people. Consumer protection are extremely close contact to the other two legislation purposes of the Trademark Law, and even be the basis of the other two legislative purpose - to protect the commodity and safeguard the public interests. Consumer awareness is the basis of trademark’s function, and the playing of the function must meet the psychological law of consumer awareness. The process of eliminating information asymmetry of trademark information is a communication process, including the source, the destination, channel, coding and decoding and other sectors, consumer is not only an important element of the communication process, but also an important condition for the smooth operation of the above-mentioned communication system between commodity and consumer. However, it is worth noting that the consumer is a general rational and generally reasonable and prudent in the trademark law. The consumer in trademark law is a fictional consumer and is abstracted from the thousands of specific consumer