On The Limitations Of The Legal Protection Of Well-known Trademarks

Because well-known trademarks have high reputation, they are more vulnerable to be violated, the traditional theory of confusion is to safeguard consumer's interests, it only provides protection in the same or similar goods or services for trademark owners, others'behavior of the use of well-known trademark in the same or similar goods or services will actually cause the well-known trademark weakening or vilifing,so, in order to better safeguard the interests of the well-known trademark owners, it needs to expand the protection of well-known trademarks, however, to expand the protection of well-known trademark is also meant limit for others'right.While expanding the protection of well-known trademark are many countries and international organizations'trend of legislation in the world, our country has joined such international treaties, but, it has not really established the well-known trademark protection system, China's well-known trademark anti-dilution protection is still on the base of the traditional theory of confusion.This article sets out from a typical case, then analyses the reasons to expand the protection of well-known trademark, but such protection has degree limits, it reflects the principle of interests balance in the law of intellectual property. Next, to investigate all kinds of alienations of china's well-known trademark from the angle of reality, then analyses the reasons of the alienation phenomenon of well-known trademark protection, strict limits on the cognizance of well-known trademark is the premise of expanding protection.Finally, anti-dilution protection may cause conflict of interests, according to our current anti-dilution legislation situation, our country should not provide too much anti-dilution protection on well-known trademark.