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Well-known Trademarks In China Anti-desalination Research

Posted on:2012-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:X D ChengFull Text:PDF
GTID:2216330371455457Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The well-known trade mark is established jointly by long-term usage, lots of publicity, product quality guarantee and better after-sale service. Other transactors may intend to use the service. Thus, it requires a higher standard of protection. The anti-dilution theory is one of the most effective ways. However, Chinese trade mark regulation covers little in this area. It is impossible to provide guide to judicial practice. America is one of the earliest countries that implementing this theory. It has abundant legislative and judicial experience. This article takes America as the blueprint, explores the establishment and development of the anti-dilution rules.This article uses multiple research methods to prove the legitimacy, necessity and feasibility of the anti-dilution rules and tries to find the feasible rules. First, the article uses the methodology of comparison and contrast. It goes deeply into American relevant legislative and judicial proceedings to analyse our country's fact and to find a solution. Second, the article also adopts history research methodology to find the whole process of American development in this area. Third, the article also uses the methodology of case study. The article studies both American and Chinese cases to provide empirical guide to the legislation.The article is developed from four aspects. The first chapter analyses the fundamental theories of the anti-dilution theory to define the concept, characteristics and the constitution of anti-dilution. The second part analyses American judicial and legislative practice to prove that the anti-dilution is necessary. From their experience, we can instill useful experience. The third part analyses Chinese present status of the anti-dilution rules. Although the trade mark law does not have relevant rules. However, both the judicial interpretation and the local regulations have covered this area. The judicial practice has started to use this theory. However, there is no common agreement in the theory. The legislature needs to be improved. We are also facing a lack of supporting rules. The fourth part pinpoints the possible schemes for the perfection in this area. First, we have to have a deeper study to the anti-dilution theory. Second, the legislature has to clarify relevant concepts in anti-dilution. Third, the judicial practice has to support the exploration in anti-dilution. Fourth, we shall let the well-known trade mark get its value and function with the promulgation of relevant supporting rules.
Keywords/Search Tags:trade mark dilution, the well-known trade mark, Federal Trademark Anti Dilution Act
PDF Full Text Request
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