Trademark Dilution Theory

Distinguishing the commodity and service is the trademark's initial function. Making sure that the consumer doesn't confuse is the aim of the protection of trademark. With the development of the economic, trademark is having more values. And the theory of dilution is born with those new values. The theory of dilution protects the well-known trademark more carefully than others. It protects the owner of the trademark more than the consumer. But it has some shortcomings too.The paper is made of three parts.Firstly, the author carries on the summary to the dilution behavior of the trademark. Here, the author aim at the general grasping of the dilution by way of introduction of the concept, the characteristic , the manifestation in practice and it's great harmfulness that the dilution behavior of trademark brings to the trademark owners , the same competitors , the consumers and the public interests 。Secondly, the author analyses the theory of dilution. After introducing the development of the trademark, the author discusses the theory of confusion and the theory of dilution. According to the traditional theory-the theory of confusion-the protection is limited within the scope of registered commodity or service. While the trademark dilution is to apply the same or similar trademark into a different or non-similar commodity or service. This is obviously beyond the traditional trademark rights protection range . The prevailing trademark rights theory is helpless regarding this .so the author thinks that the theory of dilution is more valuable to the well-known trademark than the others. But this theory is not perfect. It has some problem. So it should be limited.Finally, the author try to make the law about trademark anti -dilution perfectly in china. At first, the author introduces the foreign trademark anti-dilution law and then addresses the existing problems in the trademark anti-dilution law in china , and set forth the Chinese current elaboration on the trademark anti-dilution the practical requirement accordingly. Then the...