Famous Trademark Anti Desalination

Along with the developing of well-known trademark dilution theory in the world, the study of well-known trademark dilution theory was worming in China. Before the well-known trademark dilution theory has been proposed, most of the countries have not been aware about the importance of the protection of the well-known trademark dilution, the theoretical research was not mature as well. After that, people have known how to protect the well-known trademark. Some Common Law System and Civil Law System countries have established Well-known Trademark Anti-dilution legal system. But, in China, there was a loophole. However, it often appears well-known trademark dilution in the market for free-riding, which badly damages the profits of the owner of the trademark and the consumers. So, it is necessary to provide anti-dilution protection to the well-known trademark.This passage took the way of empirical analysis, reviewing history and comparing to study the well-known trademark. It summarized the basic problem of the definition and recognition on well-known trademark, and introduced the development of the theory on well-known trademark anti-dilution. Based on the legislative experience of foreign countries, it put forward to set up a legal system of well-known trademark anti-dilution.This article consists of three chapters:Firstly, the author sets forth the question of Well-known Trademark and protection of it. Specific analysis the concept of Well-known Trademark and the identifying standards of it, the development of Well-known Trademark Anti-Dilution, the methods to identify Well-known Trademark Dilution, and manifestations of it.Secondly, the part is about trademark dilution on the legislative profiles, and whether it can build the well-known trademark anti-dilution protection legal system in China or not. In international treaty, Paris Convention for The Protection of Industrial Property (Paris Convention) and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the Ally Advice about Protection on Trademark (Ally Advice) have rules taking anti-dilution on trademark. In American law system countries, the author takes American and England for example. And in continental law system countries, the author compares Japan and Germany for France.Thirdly, the author comes up with thinking of consummating our country law. Our trademark law should introduce the theory of trademark dilution and regard it as special trot, including specific system.