Study In Anti-dilution Of Well-known Trademark

After China's entry into WTO, the trademark legal protection urgently need to be further linked with international standards, and the well-known trademark dilution theory has also caused wide concern in the Chinese academic circle. Therefore, based on relevant academic achievements, the author starts with the basic theory, legislative practice and other aspects of trademark dilution. Through the analysis of the concept, nature, classification and representation of trademark dilution, and the legislative practice in China, this thesis puts forward some strategies to improve the anti-dilution protection of well-known trademarks in China.The first part of this thesis basically introduces the origin and development of the trademark dilution theory. The concept of trademark dilution was first proposed by a German court, while the dilution theory was developed and matured in USA. USA is also the world's only country which made a law for the issue of trademark anti-dilution. With the development and maturity of trademark dilution theory in USA, other countries have also paid more and more attention to the dilution theory, and the theory has been more widely used in these countries. Many international treaties have also absorbed this theory.The second part mainly describes the basic theory of trademark dilution, analyzes the concept of well-known trademark, the concept and nature of trademark dilution, and types of dilution behaviors in theory and practice. It also discusses the value of well-known trademark dilution theory. The well-known trademark dilution theory has broken through the traditional confusion theory. It no longer protects trademark right only based on whether the"confusion"exists. It does not take into account whether there is competition between well-known trademark owners and dilution actors, and the possibility of consumers'confusion and mistake. However, it focuses on the situation that the great value formed by well-known trademarks will not be damaged by acts of others, so it can provide well-know trademarks with more comprehensive protection.The third part explores the development of well-known trademark dilution theory and the current situations of anti-dilution legislation in China. The discussion on well-known trademark dilution theory has continued in the Chinese academic circle. In recent years, the well-known trademark dilution theory has increasingly attracted the attention from the intellectual property circle in China. On the legislative front, there have been some scattered legal provisions related to anti-trademark dilution. In a certain sense, these provisions have expanded the scope of protection on well-known trademarks in China, enhanced the protection on well-known trademarks, and adapted to the trademark legal protection's urgent need of linking with international standards after China's entry into WTO. However, the development of well-known trademark dilution theory in China is stall at the initial stage, the legislative system of well-known trademark anti-dilution protection has not been fully established. In short, there are many deficiencies and shortcomings in the legislative protection against well-known trademark dilution in China, and we need to make constant efforts to improve it.The fourth part starts from the existing protection system for well-known trademarks in China, and puts forward some strategies to improve the anti-dilution protection system for well-known trademarks in China: firstly, the legislation idea of taking Trademark Law as the core and Anti-Unfair Competition Law as the necessary complement should be selected; secondly, the concept and specific situations of well-known trademark dilution should be clear; thirdly, the scope of well-known trademark anti-dilution protection should be expanded; fourthly, the components of well-known trademark dilution should be well defined; fifthly, the registration system of associated mark and defensive mark should be established; sixthly, the legal responsibility system of well-known trademark dilution infringement should be improved; seventhly, the legislative protection against well-known trademark dilution under the network environment should be enhanced; eighthly, provisions related to fair use of well-known trademarks should be increased.