A trademark reflects an interest relationship, which is generated by continuously linking the mark with goods or services in the market." [5] The existence of confusion is caused by destroying the relationship between the mark and the goods or services. From this perspective, the forward confusion theory is undoubtedly a powerful means to protect the interests of the trademark owner, while the reverse confusion theory is a comprehensive protection for the trademark owner. Interest provides a new way to supplement the traditional confusion theory.
As for the importance of the reverse confusion theory, the U.S. court pointed out in the 1988 "Banfu" case: "The purpose of the law is to pass. Protect the interests of trademark owners by preventing confusion among the public as to the source of goods and ensuring fair competition. This purpose is equally important in reverse confusion cases as compared to ordinary trademark infringement. If reverse confusion is not a sufficient reason to obtain Lanham Act protection, then large companies can infringe with impunity on smaller companies’ previously used trademarks” [6]. In the eyes of the judge, reverse confusion in fact constitutes It constitutes unfair competition against the owner of the prior trademark and deprives the owner of the prior trademark of its reputation and goodwill.
Anti-identical confusion first damages the interests of the trademark owner. Trademarks are not only harmful to enterprises. Representing a set of words, a pattern or a symbol, the function of a trademark has evolved from an initial means of distinguishing the source of goods to a function of quality assurance, recognition of business reputation and advertising. In the 21st century, the world has entered the era of brand management. Trademarks appear in our lives in more frequent and fresh forms. In addition to their natural attributes, well-known and famous trademarks also have a more influential recognition function. As a trademark owner, it hopes to establish itself through trademarks. The connection between enterprises, products and consumers ensures the stability of product origin and product quality. At the same time, through advertising, trademarks can be retained in consumers' memories and thus gain a reputation independent of product quality. In reverse confusion, the later trademark owner uses a large number of trademarks, such as advertising, to saturate the trademark in the memory of consumers. At this time, the goodwill that the earlier trademark user hopes to establish is inconsistent with the goodwill that the earlier trademark user hopes to establish. The value of a trademark is overwhelmed by subsequent trademark users. For earlier trademark users, the value of their registered trademark is suppressed due to the extensive use of others, and the economic function of the trademark cannot be realized; at the same time, because the trademark is actually controlled by the prior trademark In the hands of the trademark user, the goodwill of the prior user will be controlled by others, and the economic purpose of attracting consumers and retaining loyal customers through the trademark will be affected by the actual operations of others; for the prior trademark user, entering a new market The capacity of the consumer market will also be greatly weakened.
The existence of reverse confusion also infringes on the interests of consumers, and the theory of prohibiting reverse confusion also reflects the protection of public interests. Protecting consumers from confusion and misunderstanding about the source of goods is also one of the purposes of trademark law. When a later trademark owner uses other people's trademarks in an aggressive manner, causing the trademark's reputation to suffer, consumers have recognized the connection between the trademark and the later trademark user. However, when the prior user uses the trademark independently, consumers will misunderstand it. considered to be the later user of the trademark. This misrecognition still prevents consumers from purchasing desired items in a timely manner.