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Well-known Trademark Anti-dilution

Posted on:2011-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:H X GaoFull Text:PDF
GTID:2199360305973947Subject:Law
Abstract/Summary:PDF Full Text Request
In the competition of the morden commodity economy,well-known trademarks have huge commercial opportunities and values,and they play very important roles in the competition of companies.Due to this reason,well-known trademark dilution becomes more serious,so the anti-dilution of well-known trademark become the focus.This thesis using the comparetive method and theoretical and empirical method to analysis the well-known trademarks and the methods to protect the anti-dilution of well-known trademarks.The thesis is dividided into four chapters:Chapter 1:Overview of Well-known Trademark Dilution, Section 1 describes the concept of the well-known trademark and the dilution of well-known trademark, Section 2 is about theoretical basis of anti-dilution of well-known trademark, in this section introduces the theory which including the dilution of trademark theory's historical development as well as the trademark rests on; Section3 analyzes the necessity of protection to the well-known trademark and the harm to the dilution of well-known trademarks.Chapter 2:The recognizition for the dilution of well-known trademark. Section] firstly describes the manifestation of the dilution of well-known trademark, including the blurring, tarnishement and degeneration. Section2 introduces the performance of the dilution of well-known trademark in paractice, mainly includes the following five ways: well-known trademark which is used in the non-competitive commodity or the service; using as corporation'name; taking the well-known trademark as their commodity'name or using on the decoration; improperly using in the advertisement; and registering well-known trademark as the domain name or improperly use in the network. Section3 analyzes the standard for recognizing the dilution of well-known trademark.Chapter3:Legislation and practice about the dilution of well-known trademark abroad which including the US, Germany and France,in order to provide useful experience for our country's legislation.Chapter4:Current legislation of anti-dilution of well-known trademark in China and proposals to perfect the relevant legislation. Section 1 introduces legislation and the shortcomings in the current legislation on anti-dilution of well-known trademark in China, Section 2 puts the proposals of the anti-dilution of well-known trademark, also including enterprises themselves who should enhance the consciousness to protect their well-known trademarks and prevent the dilution of well-known trademark.
Keywords/Search Tags:well-known trademark, dilution of well-known trademark, protection for the dilution of well-known trademark
PDF Full Text Request
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