论我国地理标志商标侵权认定标准的完善.docx

PAGE 13 PAGE 13 论我国地理标志商标侵权认定标准的完善 　　On the Improvement of my countrys Geographical Indication Trademark Infringement Standards Abstract 　　Geographical indication trademarks have the dual attributes of geographical indications and trademarks. Compared with ordinary trademarks, geographical indication trademarks have their particularities. Due to the particularity of geographical indications, it is difficult to identify violations of geographical indications in judicial practice. Therefore, the court does not have a unified judgment standard to judge such cases. Through the analysis of geographical indication trademark infringement cases, the problems existing in the identification of geographical indication trademark infringement are analyzed. That is, to determine whether infringing geographical indications are applicable to tests that may cause confusion, and to determine whether geographical indication infringements are applicable to the possibility of confusion. If the determination of infringement of geographical indications is applicable to the inspection of the possibility of confusion, and if the determination of infringement of geographical indications is applicable to the inspection of confusion, how to evaluate the fair use conditions and geographical indications and trademarks that the trademark should meet. By analyzing the nature and characteristics of geographical indications and comparing the functions of geographical indications and general signs, it can be determined that geographical indications and general signs have the same function. Such as source identification, quality assurance and goodwill commitments. Misidentification of source and quality is not a separate criterion for judging infringement. The determination of infringement of geographical indications should always follow the basic principles of trademark law, and the possibility of confusion should be regarded as the norm. The content of the confusion can be extended to the c