Research On The Legal Matter Of Trademark Dilution

According to the traditional theory of trademark infringement, the trademark will be infringed under the conditions of using the same or similar trademark on the same or similar goods or services, and thus, cause confusion. But with the deepening of the integration of the global economy, there has been a new trademark diluting behavior which differs from the traditional confusion behavior. Such diluting behavior will bring great harm to the trademark rights holder. Even if the trademark is registered or used on different goods or services, which won’t lead to confusion, will also be detrimental to the interests’owner of the trademark. Considering our current judicial practices, it is necessary to give anti-dilution protection to the well-known trademark.On the basis of reading and organizing the theoretical writings, through finding, analyzing the domestic and international judicial precedents, using the empirical analysis method, comparative studies, historical research, this article combs and summarizes the basic questions on the concept, characteristics and manifestations of the trademark dilution, has a review and comment on the emergence and development of the trademark dilution in the foreign countries. Also, this paper makes in-depth analysis on the two focuses relating to the trademark dilution. In the end, with the combination of the actual situation of our country, the article comes up with the suggestions for establishing a trademark anti-dilution system.The paper is divided into four chapters. The first chapter is about the basic theory of trademark dilution. Firstly, starting from the proposal and development of the trademark dilution, the paper proposes that the key to the definition of "dilution" is to emphasize "the non-competitive relationship" and "confusion is not the premise". And then analyzes the characteristics form a multifaceted perspective, in order to prove the multiplicity of the dilution. Thirdly, make a brief analysis of the types.The second chapter is about the extraterritorial legal regulation of the trademark dilution. Firstly the paper raises the development and current status of the dilution, and then makes special review of the situation in the U.S before1996. After that, the paper does the collation and analysis of the provisions in three international conventions on the trademark dilution. The end of this chapter discusses the legislative status and judicial practice in France, Australia and Canada.The third chapter focuses on the two main problems relating to trademark dilution. First introduces the controversy over the8th identified standard in FTDA. The second part is a review of the "actual dilution" and the "possible dilution" and their historical development. At the end of the second part, the paper discusses the debate on the "possible dilution". The U.S. courts points on this standard is open, and therefore needs to be explored continuously.The last chapter of this paper discusses the protection status and shortcomings of our trademark anti-dilution protection system, comes up with some legislative suggestions and improving measures. China should address the problems that exist in the current judicial practice, and establishes the special provisions of the anti-dilution protection and makes comprehensive provisions on the anti-dilution. In the end, the paper proposes some concrete proposals, advocating the enterprises, the consumers to prevent the occurrence of trademark dilution.