Research On The Anti-Diution Protection Of Well-Known Trademark

The well-known trademarks are often the tort target in practice for its great commercial value. It follows that well-known trademarks should receive more special protection by law than the ordinary ones. The more famous the trademark are,the more easier it to be suffered from trademark infringements, so many countries provided special protection for well-known trademark currently. Trademark dilution is such a trademark infringement, in the way that non-holders apply identifications same as or similar to a well-known trademark on dissimilar commodities or services, thus resulting decrease in the distinctiveness and appeal of the well-known trademarks. The dilution behavior is encroaching on the inherent value of trademark severely compare with the ordinary ones. The dissertation tends to solve include seeking the legal structure with the correct understanding, offering special protection to the well-known trademark, perfecting the protection by law of the well-known trademark, and promoting the practice of the judicial protection of the well-known trademark. With a large number oft trademark dilution cases arise currently,it is significance to make research on trademark dilution theory and refer to foreign legislative experience constantly to perfect the relevant legislation in china.There are four chapters in my dissertation.First chapter: This chapter mainly introduces the basic theory of the trademark dilution. Starting with an introduction to the concepts, implication and element of trademark dilution, then it discusses the theoretical foundation of trademark dilution, and gives a summary of the classification and practical specifics of trademark dilution. At last an analysis is present to the nature of the trademark dilution.Second chapter: To launch a more sound research to dilution theory and refer successful experiences of developed countries, an introduction is given to the relevant legal systems and practice in the anti-dilution protection in developed countries, then it discusses the anti-dilution protection of famous trademark under the circumstances of network.Third chapter: By using comparative, descriptive and positive analyzing methods it discusses the dilution remedy and the rationality of the likelihood of dilution, thenanalyzing implication of dilution by analyzing the dilution caused by itself and by comparing the trademark dilution with reverse passing-off.Fourth chapter: Present an introduction to the evolution on special protection of well-known trademark in china, then an analysis is presented to the problem of trademark anti-dilution protection in China and the deficiency and limitation are explained as well. In the last, the perfection scheme is portrayed as to trademark dilution legislation in China. A proposal is made to build an anti-dilution legal system by taking the Trademark Law as principal and Unfair Competition Law as complementary and enrich the specific content of anti-dilution protection in China, so as to benefit the improvement of the well-known trademark protection system in China.