A Study On The Legal Issues Of Trademark Dilution

The well-known trademarks are easier to be suffered from trademark infringements than ordinary ones in practice for its great fame and commercial value. It follows that well-known trademarks should receive more special Protection by law than the ordinary ones. Many countries provide special Protections for well-known trademarks currently. Trademark dilution is such a trademark infringement, in the way that non-holder apply identifications same as or similar to a well-known trademark on dissimilar commodities or services,thus resulting decrease in the distinctiveness of the well-known trademarks. The dilution behavior is much different from the ordinary infringements. The article tends to seek the legal structure with the correct understanding of dilution, promote the legal protection of the well-known trademark, for the needs of the practice of the judicial protection of the well-known trademark's anti-dilution. With a large number of trademark dilution cases arise currently, it is absolutely necesarry to make research on trademark dilution theory and refer to foreign legislative experience constantly to promote 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 .Firstly, it introduces the dilution concept and gives it a definition; secondly, it discusses the theoretical foundation of trademark dilution; At last an analysis is presented to the nature of the trademark dilution.Second chapter: To launch a more sound research on trademark dilution and learn from developed countries, an introduction is given to the relevant legal systems on anti-dilution protection in developed countries, at the sme time it discusses the successful experiences of anti-dilution protection of famous trademark.Third chapter: This chapter primarily discusses the constituent elements of trademark dilution, deeply analysis the subject, ats, results of damage and the fault elements,makes it more clear that what the dilution is and how to restrict it.Fourth chapter: Present an analysis to the special protection of well-known trademark in China, hold that it is lacking of and urgent for trademark anti-dilution protection in China. Then a proposal is made to the trdemark dilution legislation in China, by amending the Trademark Law and enriching the specific content of anti-dilution protection, so as to promot the well-known trademark protection system in China. In the last, some advices are given to trademark owners to protect their well-known trademarks from dilution.