Research On The Protection Of Well - Known Trademark

In the modern society, plenty of symbols are full of our vision. The highly simplified and identifiable marks make the communication between people more convenient and efficient. Some restriction factors, such as the economic development level, cultural background and languages could be overcame to a large extent. As a product of commodity economy, trademark has developed into a sort of property that with rich connotation and independent value, rather than a mark indicating provenance and merchandise resources in the past. Especially the well-known trademark, its value is outstanding. For enterprises, well-known trademark means tremendous market share and competitiveness. The better reputation of the trademark is, the bigger value of it will be, and enterprises will get fatter profit from it. The value and importance of a lot of well-known trademark even have far surpassed tangible goods or service itself. For consumers, well-known trademark means high quality goods, humanized service and well-deserved reputation of enterprises. For countries, the quantity of well-known trademark is one of the important indicators to measure a country’s economic power. Driven by the economic interests contained in the significant commercial value of well-known trademark, the behavior of well-known trademark’s illegal using to seek illegal gains is rampant increasingly, among which dilution infringement to well-known trademark is a relatively severe form. During the execution process of dilution, the significance of well-known trademark reduces greatly, its intrinsic value and recognition function are derogated too, business integrity of well-known trademark will be damaged and tarnished finally. For the sake of protecting the legitimate interests of well-known trademark owners, consumers and competitors in the same industry, maintaining the normal order of market transaction, some countries in the world have already reached a consensus to using the anti-dilution measure to protect well-known trademark. According to the particularity of dilution for well-known trademark and practice situations in our country, it is imperative to bring the anti-dilution theory in relevant laws and regulations, developing and improving the anti-dilution protection theory continually.Since trademark dilution theory derive from specific protection for well-known trademark, so in this part, the definition of well-known trademark’s concept and legal feature will be expounded in the first place, then discusses the concept and nature of dilution, its identification, manifestation and consequence. The origin and theoretical foundation of anti-dilution protection will be stated finally. Legislation model of anti-dilution protection for well-known trademark in various countries and relevant provisions in international conventions are discussed in part two, followed by introducing the practice in America, England, Germany and France about this issue. By drawing lessons from other countries’ experience of anti-dilution protection legislation and practice, we can better improve the legal system of anti-dilution protection in our country. With three typical cases regarding trademark dilution, the current situation of anti-dilution protection for well-known trademark and its insufficient and defect in our countries will be analyzed in part three. Based on the legal analysis of the harm of trademark dilution and the necessity and positive significance of anti-dilution protection for well-known trademark, concrete suggestions about improving the system of anti-dilution protection for well-known trademark will be put forward in the end.