The Anti-Dilution Of Well-Known Trademarks

The dilution of trade marks means the action of using the same or similar token of well-known trademarks on the different or non-similar goods or services to reduce and weaken the discrimination and outstanding features of well-known trademarks to harm and tarnish well-known trademarks. The dilution includes three characteristics, that is, infringing the rights of trademarks, improper competition and damaging consumers and the interest of the public. The dilution target is the well-known trademarks, which is the trademark after using for a long time with high reputation among the relevant masses with very strong competition in the mark. The dilution of well-known trademarks means the same or similar trademarks have been used on the different or non-similar goods without the permission of well-known trademark owners through the reputation of well-known trademarks to promote goods or services to affect the image of well-known trademarks in the crowds and to cause the particular attraction from consumers to be weakened.There are many differences among dilution theory , confusion theory and association theory. The dilution theory regulated from German precedent, and it was formed with the highest representativeness in 1927 in America. After that, the dilution theory was spread all over the world, and the international treaties and organizations correlated established some standards for it, which were accepted by the other countries in the world.But diluting action does much serious harm, such as, it harms the interest of trademark owners, the interest of consumers , the social public ,the competitors in the same line and the interest of the nation and society. So it is necessary to operate anti-dilution of well-known trade marks.The anti-dilution of well-known trademarks contains extensive theory foundations, such as, the theory of philosophy jurisprudence, economy elements and interest balance principles. Based on the anti-dilution theory, the countries all over the world have established anti-dilution models, there are roughly as follows: specific anti-dilution models, anti-improper competition protection models, trade mark law protection models, judicial precedent models and international treaty models, etc. Compared to the anti-dilution regulation layout abroad, our country must carries out regulation layout from dilution constitution ,dilution form of expression, the difference between dilution and infringement and dilution legal liability. And our country must improve the anti-dilution regulations of well-known trade marks from combining the anti-dilution protection status quo , uniting the affirmation standards of well-known trademarks , strengthening theory, practice, legislation, enforcement and so on; building enterprise self precaution measures; structuring the anti-dilution protection network in the scope of the country; and building a legal system where trade mark law is chief and anti-improper competition law is secondary to improve and perfect the anti-dilution system of well-known trademarks.