A Study On The Special Protection Of Well-Known Trademarks

With the rapid development of the economic globalization, people pay more attention to high value of well-known trademarks. A well-known trademark is regarded as its proprietor's immaterial property, for it stands for more market occupancy and powerful ability to create profit. It is because of the above reason that well-known trademark is more easier infringed than common trademark. Therefore, most countries realized it is important to offer special protection on well-known trade marks.There are two methods adopted by various country to offer special protection on well-known trademarks - one is the theory of trademark dilution, the other is the defensive trademark system. The trademark dilution is a kind of behavior, then diluting the particular contact between trademark with its merchandise or service and weakening the trademark's ability of different production or service. The theory of well-known trademark dilution exactly aims at this kind of trademark dilution tortuous behavior. Defensive trademark means the trademark holder registers some uniform trademarks in various different kinds of productions and services. The initial trademark is the master one, while registered uniform trademarks in other kinds of production and services we called defensive ones. The purpose of defensive trademark system is to provide protection on master trademark in advance.Our country has been thinking much of the well-known trademark special protection these years while the relative legislative practices are faulty. Furthermore, quite a number of trademark tortuous cases have occurred in practice and need to be affirmed by these two methods. Therefore, using overseas lawmaking experience for reference would provide important practical significance to our country constituting trademark dilution and defensive trademark system as well as consummating our well-known trademark protection laws.In preface, this article firstly introduces the background of this article, the theoretic and practice value of trademark dilution system, the current study dispute upon this subject in our country, the key problems to be solved in this article and the study methods of this article. The text part is composed by three chapters.Chapter 1 discusses the special protection of well-known trademark including the signification, cognizance standards and the special protection theory basis which comprise of confusion theory, associational theory and dilution theory. Chapter 2 introduces the international legislative practices upon trademark special protection as well as the status of relative lawmaking in our country and situation in practice. And from the analysis, we get the conclusion that trademark dilution theory and defensive trademark system are the most popular systems adopted by various country nowadays. At the same time, actual status in our country has been showing the demands of these two systems.Chapter 3 is the emphasis in this article which provides suggestion for substantial and procedural trademark special protection laws regarding the localization of trademark dilution system and defensive trademark system. Firstly the article introduces the basic status of these two systems and analyzes the necessity and lack to take the two systems into our country. Secondly the article gets the contact and relationship about these two special protection systems through the contrast analysis. Finally it would discuss the harmony between the two systems in our country and the elementary legislative assumption.In epilogue, this article summarizes its advantages and disadvantages and prospects the trend of trademark protection in our country.