The Statement Of Well-known Trademark Dilution Identify

This paper starts from the basic theory of trademark dilution, through listing thetrademark legislation of some more complete countires like the United States, France, andGermany, to extract the cognizance standard. And come to the conclusion atfer compairson.Then through the analysis of China’s well-known trademark dilution case，sum up thestandard of the recognition of a well-known trademark dilution in practice. And after theanalysis of its advantages and disadvantages, conclude how to improve on the existingstandard.The text is divided into four parts:The first part is the basic theory. Start from the deifnition and nature of desalinationbehavior to introduce the basic content of trademark dilution, followed by a discussion ofwell-known trademark dilution performance, including weakening, uglification,degradation of three kinds of means, and the emergence of new forms in practice, andsome behaviors that does not belong to the dilution behavior. Then the writer introducesthree theories about the protection of the trademark and summarizes the relationshipamong them, which are desalination theory, association theory and theory of confusion.The second part is the comparison research about the trademark dilution legislation ofGermany, France and the United States. This part is divided into four sections. First threesection respectively introduce the trademark dilution legislation of Germany, France andthe United States of America that is unique and is worthy of reference. The fourth sectionis the summary of the ifrst three section and the enlightenment from them.The third part explores the determination of trademark dilution from the judicialpractice of China. Firstly, summarizes three kinds of treatment methods from thejudgments in our country. Secondly, concludes commonly used criterion in practice.The fourth part is based on the third part. Analyzed the existing standards and thepresent legislation and the contradiction between them, including the lack of legal basisand so on. Secondly, put forward how to perfect the legislation of trademark dilution determination. This paper chooses the rational model, that is to improve specificaccreditation standards between the trademark law and the judicial interpretation stipulates.The innovation point of this article is: through the research on the dilution behaviortheory, make a special analysis about the nature of dilution behavior. Through theextraction and summary of Germany, France, the United States well-known trademarkdilution determination of legislation, perfect the cognizance standard of trademark dilutionof our country.The ultimate purpose of theory study is to guide practice, the authors writing purposeis to help the practice too. So in this paper, based on the theory research, the writerunifies the domestic and foreign legislation and legal precedent on the cognizance ofwell-known trademark dilution, so as to explore a practical value of the well-knowntrademark dilution standards.