An Analysis Of The Protection Range Of The Trademark Right

The trademark is of great importance to the consumers and commodity production operator. Lacking of the trademark, consumers will become aimless search without the guidance of it and too much time, energy and money will wasted. Lacking of the trademark, commodity production operator would not convey the information of their commodity correctly and influence the competition, will eventually influence their surplus. Therefore, the protection of the trademark is of great significance to the consumers and commodity production operator. The protection of trademark right is to confirm the range of the trademark right.Theoretically, the confirmation of the range of protection of the trademark right and the understanding of the function of trademark right to people are closely related. The primitive function of trademark is to identify the source; the first task is to ensure the basic functions from illegal use or violations. Based on theory of confusion, the protection of stopping the confusion of the trademark right is to protect the function of the trademark difference sources, thus formed the traditional protection range of trademark right. With the development of economy, the changes of the Times. Changed from the original distinguish function of the trademark to the economic function, especially the well-known trademark that has good reputation and image, represents a lifestyle and unique fashion, taste and own high value for itself. Using the well-known trademark between the goods that are not same, similar, and competitive, is not make the public confuse of products or the source of the service, but undoubtedly it would damage the reputation, value and influence of the well-known trademark. Therefore, only relying on confusion of well-known trademark theory cannot provide effective protection. So the confusion and dilution theory is produced. The research of the confirmed protection range of the trademark right under the confusion and dilution theory is put forward some rational proposals to perfect our trademark protection.This is so-called "make foreign things serve China".The article is divided into five chapter.The chapter one,introduction, explains the purpose and significance of this study; The chapter two:the protection range of trademark right under the perspective of the confusion theory. Elaborate the definition, types of confusion, the judgment of the possibility of confusion and the scope of protection under the theory of confusion etc. The chapter three:the protection range of traditional trademark right under the perspective of the dilution theory elaborates the definition, types of dilution, the judgment of the possibility of dilution and the scope of protection of well-known trademark under the theory of dilution etc. The chapter four:perfects the protection range of Chinese trademark right. Discusses some existed problems to the range of protection of the trademark right under Chinese trademark law and puts forward some suggestions to perfect the protection range of Chinese trademark right; The chapter five,conclusion.