An Analysis of the Reverse Confusion of Trademark Rights

摘要

At present, the reverse confusion cases of trademark right often appear in the justice practice in China, most of which are judged in accordance with the relevant provisions of the "Trademark Law of the People's Republic of China"; however it is difficult to avoid some problems. This paper aims to illuminate the development and overview of the reverse confusion theory of trademark law through literature research method, historical analysis method, comparative analysis method and case analysis method, starts with a typical case of "trademark case of If You are the One" and combines with the scholar's researches on the reverse confusion of trademark. This paper analyzes the shortcomings and insufficiencies of trademark legislation in China, and combines the current situation of Trademark Act to propose corresponding improvement suggestions from the aspect of legislation, hoping to enrich the theoretical research of reverse confusion of trademark right and promote the continuous improvement of trademark law in China.