Research On Well-known Trademark Dilution And Anti-Dilution Protection

Well-known trademarks are those that are widely known among relevant public and enjoy higher reputation in China. Because of the higher credit and prestige a well-known trademark possesses, it contains a huge commercial value, so it has been the victim of trademark infringements, well-known trademark dilution is such a special trademark infringement. Well-known trademark dilution differs from traditional trademark infringement in the way that a non-holders apply identifications same as or similar to a well-known trademark on dissimilar commodities or services, such acts which are generally regulated by many States' legislation not only infringe the lawful rights and interests of the holder of well-known trademark, but also disturb the competition order of the market.There are a lot of well-known trademark dilution cases in China, because of the imperfect of trademark anti-dilution system, the lawful rights and interests of well-knows trademark holders, other industry competitors and consumers are not fully protected. Therefore, the study of basic theoretical issues on well-known trademark dilution and the advanced foreign experience in legislation and practice on dilution are of great realistic significance for the combat acts of well-known trademark dilution and the perfect of laws and regulations in China.This paper is divided into three chapters, and it studies the issue mainly with the standardized analytical method and empirical analysis method, and I expect this paper can improve our well-known trademark anti-dilution protection system.The first Chapter introduces the basic theory of well-known trademark dilution. First, it defines the relationship between trademark dilution and well-known trademark. Second, it clears the nature of well-known trademark dilution and its classification in theory and practice. Finally,it analyzes the jurisprudential reason of well-known trademark anti-dilution protection. The second Chapter describes the relevant provisions of well-known trademarks anti-dilution protection on international treaties and the major countries' legislation, and it summarizes the legislative models of well-known trademarks anti-dilution protection and the advanced experience that is worth learning from the international treaties and other countries of well-known trademark anti-dilution protection.In Chapter III, it introduces the provisions of well-known trademark anti-dilution protection in China, and then points out the problems of the well-known trademark anti-dilution protection system in theoretical study and legislation, at last, it gives some advises on how to improve the well-known trademark anti-dilution protection system in China.