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

Comparing with the common trademark, the well-known trademark can be easily infringed for its great commercial value. With the rapid development of the intellectual economy and social globalization, most of the countries are paying special attention to the well-known trademark protection. That comes to theory of trademark dilution. Trademark dilution theory breaks through the traditional trademark infringement protection, and extends the protection range to the different and dissimilar commodity or service. By introduction and analysis of trademark dilution theory and its legislation in the world, this paper aims at enhancing the comprehension of trademark dilution, and then finding the deficiency in trademark dilution stipulation in China. At the end, this paper brings forward some suggestions.This paper includes four chapters.First chapter: This chapter generally introduces the basic theory of trademark dilution. Because trademark dilution theory is a kind of special protection of well-known trademark, the first chapter just tells the concept and cognizance standard, makes a contrast between "confusion theory" and "dilution theory", and further discusses the harm and forms of trademark dilution.Second chapter: To draw references from the foreign countries, this chapter introduces the legal system of trademark anti-dilution protection established in some countries especially USA, and by case analysis raise some new problems about trademark anti-dilution protection under the circumstance of network.Third chapter: By analyzing the arguments of dilution in justice practice, this chapter discusses the rationality and urgency of anti-dilution protection, at the same time, brings forward own opinions on those arguments and questions.Fourth chapter: This chapter talks about the problems of trademark anti-dilution protection in our country, and gives some suggestions on how to construct our anti-dilution law system.