Trademark reverse confusion infringes the legitimate rights and interests of the prior trademark holders. In theoretical and judicial fields, there is a more mature understanding of the theory of reverse confusion and the identification of infringement. However, through empirical analysis, it is found that due to such reasons as inconsistent basis of claims, narrow understanding tendency to stop infringement, the unclear damage compensation standards, and failure to truly realize the effect of eliminating the influence, it is difficult for right holders to obtain adequate relief. Therefore, when improving the remedy path, we must adhere to the concept of fairness and justice, rationally view the trademark awareness, and focus on encouraging market competition. As for the specific system and judgment considerations, we should further clarify the basis of the right to request for remedy, improve the applicable rules for the claim right of stopping infringement, increase the standard of damage compensation, and refine the specific application of eliminating the impact.%商标反向混淆侵害了在先商标持有人的合法权益,理论及司法实务领域对于反向混淆理论和侵权认定有了较为成熟的认知.但经实证分析发现,由于请求权基础不一致、停止侵害存在狭隘化理解倾向、损害赔偿标准不明确以及消除影响并未真正实现其效果等原因,权利人多难以获得充分救济.因此,完善救济路径时应坚持公平、正义理念,理性看待商标知名度,并侧重鼓励市场竞争.在具体制度及裁判考量上应进一步明确救济的请求权基础,完善停止侵害请求权的适用规定,提高损害赔偿的标准,细化消除影响的具体适用.
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