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What are the possibilities of confusion and confusion?
the possibility of confusion and confusion lies in the fact that the trademark law of our country, which is related to the protection of enterprise names, commodities, business domain names and well-known trademarks, has established the standard of confusing trademark infringement or unfair competition. Regarding the determination of trademark infringement, Article 52 of the Trademark Law stipulates that any of the following acts is an infringement of the exclusive right to use a registered trademark: (1) Using a trademark identical with or similar to its registered trademark on the same commodity or similar commodity without the permission of the trademark registrant; ..... In this trademark infringement judgment standard, it embodies the application of confusion standard. Because using the same or similar trademarks on the same goods is the most direct manifestation of confusion. It is also easy to cause unnecessary confusion by using the same or similar logo as the registered trademark on similar trademarks. This is the most intuitive application of the confusion principle. [2] Second, the well-known trademark infringement judgment adheres to the confusion standard. Article 1 of the Interpretation of the Application of Laws in Trademark Disputes stipulates that copying, imitating or translating a well-known trademark registered by others or its main parts used as trademarks on different or similar goods, misleading the public and possibly damaging the interests of the registrant of the well-known trademark, also belongs to the act of causing other damages to the exclusive right of others to register trademarks as stipulated in Item 5 of Article 52 of the Trademark Law. Judging from the provisions of this article, the confusion standard is still adopted here. Starting from the confusion standard of "misleading the public, which may damage the interests of the well-known trademark registrant", China's laws do not give the well-known trademark registrant the absolute right to prevent others from using the same or similar logo as the registered trademark on other commodities. This is consistent with the provisions of Article 13 of the Trademark Law on the scope of the right to prohibit the use of registered well-known trademarks, which stipulates that "a trademark applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, misleading the public, so that the interests of the registrant of the well-known trademark may be damaged", and both reflect the confusion standard of misleading the public and possibly damaging the interests of the registered trademark owner. Thirdly, the confusion standard should be applied in the determination of unfair competition infringement. For example, as stipulated in Article 53 of the Implementation Regulations, if a trademark owner thinks that others may deceive the public or cause misunderstanding to the public by registering his well-known trademark as an enterprise name, he may apply to the enterprise name registration authority for cancellation of the enterprise name registration. In the dispute resolution of trademark and domain name, the defendant's domain name or its main part in the Interpretation of Network Domain Name constitutes a copy, imitation, translation or transliteration of the plaintiff's well-known trademark; Or the same as or similar to the plaintiff's registered trademark or domain name, which is enough to cause misunderstanding by the relevant public, constitutes infringement or unfair competition. Article 1 of the Interpretation of the Application of Laws in Trademark Disputes stipulates: "The following acts are acts that cause other damages by registering the exclusive right to use a trademark for others as stipulated in Item (5) of Article 52 of the Trademark Law: …… (3) registering words that are the same as or similar to other people's registered trademarks as domain names, and conducting related commodity transactions through the domain names, which is likely to mislead the relevant public." Therefore, in dealing with disputes over registered trademarks, there is no infringement or unfair competition without confusion. Fourthly, there is no obstacle to applying the confusion standard to the protection of well-known trademarks, which can solve the so-called "cross-class protection" needs. There seems to be a misunderstanding that only well-known trademarks can enjoy "cross-class protection". In fact, "cross-class protection" applies to the protection of any registered trademark.