Trademark Dilution Theory

To be mentioned of the United States trademark law, trademark dilution theory isthe unique theoretical system -and its modern economic life has shown tremendousresilience and impetus. Through this informative retroactive to its historicaldevelopment, its systematic study of the system characteristics, the scientific proof ofits legitimacy and rationality to compare, analyse, summarized the methodologyreveals our existing trademark legislation, in particular famous trademark protectionfor the right to expand the system flaws and shortcomings, and how to perfect thecountry's legislation on trademarks. Introduction of sub-text, text and the conclusionsthree parts. The body can divide into four chapters:Chapter I: The historical development of trademark dilution theory. Throughcomprehensive information research, trying to grasp the perspective of historicaldevelopment from the trademark dilution theory development started.Chapter II: System research of trademark dilution theory. This chapter from the "The Federal Trademark Dilution Act of 1995" provisions of the authority startingrespectively by the real case to the administration of justice in interpretation of theconcept of trademark dilution, the constituent elements and relief to be separatelyexplained. Especially for the various elements of the dispute and focus on the difficultissues to clear the system of trade mark dilution theory.Chapter III: theoretical basis and trademark dilution under. The functionalchanges of trademarks are objective basis of trademark dilution theory .Thedevelopment of the concept of trademark protection is the subjective basis oftrademark dilution theory. Subsequently, the theoretical legitimacy of the trademarkdilution order verification through justice labor theory of property rights and thefundamental values of law, property rights theory and incentive theory personalitystarted to trademark dilution theory by proving the reasonableness of the balance ofinterests on the principles.Chapter IV: The significance of trademark dilution theory for Chinese legislation.Through this chapter " the status quo --the contrast--with reference" modeldiscussion, the first from the national, local, judicial practice three dimensions to ourtrademark protection for the right to expand the status of an objective analysis, andthen from the trademark dilution theory horizons starting to compare trademarkdilution theory and the differences of our system, and noted that China's currentlegislative deficiencies, finally, To address these shortcomings, I propose legislation toimprove our trademarks thinking.