The illegality of commercial confusion lies in destroying the guiding function of business marks and disturbing the connection between business marks, commodities and commodity sources. To determine commercial confusion, it is necessary to define the commercial mark and the source of the commodity and the commodity that the commercial mark is attached which has a certain influence. The “stripping method” can be used to decompose and combine the various elements of the commercial mark and the commodity to find the artificial commercial mark and commodity with the minimum guiding function worthy of legal protection. To investigate whether the commercial mark involved in the case will constitute confusion, the similarity of the appearance of the commercial marks need be objectively judged, and the fact or possibility of confusion of consumers by the commercial mark subjectively need be directly investigated. For the ownership of the rights and interests of the commercial mark, the rights protection model or the interest’s protection model can be chosen. The rights protection model takes the commercial mark as the object of rights and applies the first use standard to confirm rights, and the interest’s protection model redistributes the interests of the commercial mark on the basis of the past interests’ structure and the possible future interests’ structure.