A Research On The Well-Known Trademark Dilution Protection Legislation Of Prc

For the load of good business reputation and brand image, the virtueof the great commercial value, with ordinary trademark in comparison,well-known trademark is more likely to become the object of an unlawfulinfringement by others. With the knowledge economic development andglobalization process accelerating, all countries are strengthening theprotection of well-known trademarks, theory of dilution of trademark arealso become more and more perfect, the theory of dilution of trademarkbreak through the traditional protection for trademark infringement, theprotection of the well-known trademark extended to different or similargoods or services.There are three chapters in this paper:The first chapter: this chapter is a general introduction to the basictheory of the well-known trademark dilution. Because the theory of dilution of trademark derived from the special protection of well-knowntrademarks, so this paper firstly introduces the concept and thewell-known trademark that standard. Expounds the basic meaning out ofand further shows the trademark dilution form of expression and harm.Chapter2: with China in well-known trademark protectiontheoretical basis and status quo, the first of the debate of the scholars"confusing theory" and "theory of dilution of" carries on the analysis,show just to confuse the theory of well-known trademark for fullprotection, and through the analysis of actual case to China judicialpractice a judge has directly quoted as the basis of the theory of dilutionof the referee, in order to prove to China in the trademark dilutionlegislation is very necessary.Chapter3: aim at the current introducing the theory of dilution ofwell-known trademarks in analysis and puts forward in the trademark lawon the basis of the legislative Suggestions, and discussed in detail in therulemaking problems that should be paid attention to some opinions.