In the writer s opinion, either visible and invisible reversal imitation of trademark should be considered as against the law in view of trademark s historical nature, definition of tort of trademark and the practice of law making of other countries, so China should improve its trademark law-making and regard reversal imitation as a kind of tort.

The reverse counterfeit behavior has the serious social hazardous nature,the circumstance serious must establish the crime.

The act of reverse passing-off refers to the reverse passing-off trademark.

Reverse Passing-off of the trademark comprises the express reverse passing-off and implied reverse passing-off.

Analysis of one case on the basis of probing into constituting elements of trademark reverse passing-off leads to the conclusion that it is feasible to prescribe behavior of this kind as being tort in the perspectives of legislation orientation and legal policy, and that it is also feasi.

On the Way to Actualize Function of Trademark and Disservice Caused by Reverse Passing off;

The paper analyzes the trademark reverse passing off in the perspective of economics in order to point out that it not only infringes the consumers and the owner of trademark, but does harm to the competitive atmosphere of marketplace.

It makes a great progress to regulate reverse passing off in the Trademark Law of the People s Republic of China.

On the basis of Trips,legislative perfection of the crime of shamming registered trademark as follows: bring service trademark,resembling commodity,approximate trademark and opposite shamming into the protection area of the crime;change the legislative pattern of the crime coming into existence by result into by behavior;rein.

The act of opposite shamming trademark refers to the unauthorized use of one s own trademark on others commodities.