Study On The Trademark Dilution Legal Issues

The trademarks, especially the well-known trademarks are important intangible assets to enterprises, and they are of great significance to the survival and development, countries around the world have carried out protection for them. However, the level of protection vary widely. At present, many countries and regions in the world well-known trademarks to protect the theoretical basis is still on the traditional confusion theory. With the exposure confuse the theoretical limitations and the play dilute of theoretical superiority, the United States and other western countries have begun the exploration of anti-dilution legislation, and made great progress. Now a growing number of countries absorb this theory for the judicial practice, it is playing an increasingly important role in the protection of the interests of the owner of the trademark.This article introduces four parts:the overview of the theory, the theoretical basis, the legal regulation, and the legal protection of China’s trademark dilution. Our trademark law is not yet absorbed the dilution theory, this article detailed analysis of the rationality of the dilute theory and foreign legislation, the insufficient of China’s Trademark Law on the protection of well-known trademarks, and the the behaviors of the network are alse discussed. I put forward some of the advice on China’s trademark anti-dilution legislation, hoping to contribute to future legislative practice.