Famous Trademark Anti-dilution Protection

The problem of the protection of the well-known trademark has been proposednearly one century since1920s, while it has a short research history in China. In2001,“law of trademark” was revised in China, which made the identification andprotection of well-known trademark enters a new period in China. As the new formsof the well-known trademark infringement like packaging of the well-knowntrademarks for goods or using other people’s well-known trademarks for domainname registration are appearing in our economic life, the dilution theory ofwell-known trademark is becoming the focus in the theoretical circles. However, dueto the knowledge-based economy in China relatively backward, domestic scholarsare also participate in this field relatively late. So far, there is not a formed system onthe anti-dilution theory of well-known trademark in China, and there are still manyaspects need to be further explored. Therefore, the author studied the relative theoryand law and regulation at home and abroad, and then made a systematic research onthe anti-dilution protection of the well-known trademark. The author makes thisresearch is in order to promoting the Trademark Law Legislative in our country andpromoting the further development of economic knowledge in our country.In this paper, the author makes the research of the anti-dilution protection ofwell-known trademark from five sections, and the author puts the emphasis in thelatter four sections.In the first section, the author makes an overview of the theory of well-knowntrademarks, in which the author describes how to identify the well-knowntrademarks and the meaning, the character and the evolution of the theory of thedilution of the well-known trademarks, which paves the way for the followingdiscussion.The author describes the reason and harmful result of the action of the dilution ofthe well-known trademark in the second section. In this part, the author discusses the harmful result from three aspects, which makes an explanation and analysis on thenecessary of the protection of the anti-dilution. The author thinks that each problemcomes up with its essential reason: the economic reason, the infringed driven byprofit and the high cost of maintenance of the well-known trademark, etc., is theessential reason leading to the appearance of the dilution of the well-knowntrademark, and the author makes a detail analysis on related reason on thisphenomenon.In the third section, the author analyzes the dilution action of the well-knowntrademarks from different perspective. First, from the theoretical perspective, thewell-known trademark dilution can be divided into two forms: darkened and defaced.Second, from the real life perspective, well-known trademark dilution behavior canalso be expressed by using the other people’s well-known trademarks as acorporation name or registering the other people’s well-known trademarks as domainname and some other forms. It is necessary to have the provisions of its elements onthe legal level for the diversity of the well-known trademark dilution in its behaviortheory and practice, in order to help us to determine whether an act is well-knowntrademark dilution behavior. So, the author introduces the constitutive elements inthe following part, that is, the trademark that is diluted must be well-knowntrademark, the behavior of dilution of the well-known trademark must be acted andthe behavior may cause the harm on the well-known trademark.In the fourth section, the author introduces the present situation of theanti-dilution protection of the well-known trademark. In this paper, the authorseparately describes the present situation of the anti-dilution protection of thewell-known trademark in the United States, in the Europe and in the China, whichmakes the service for the latter part of the paper to build the system of anti-dilutionof the well-known trademark with Chinese characteristics.The fifth part is a core part of the paper, in which the author proposes manysuggestions for building a scientific system of the anti-dilution of the well-knowntrademarks. The author believes that a scientific system can not only focus on legalremedies, but also should grab the root causes, that to prevent the happen of the dilution of well-known trademark. So in this part, the author builds the system of theanti-dilution of well-known trademark from two aspects: preventive measures andremedies measures. From the aspect of preventive measures, the joint trademarksystem and the defensive trademark system should be established; from the aspect ofremedies measures, it is necessary to improve the sanctions of the dilution of thewell-known trademark. So, it could get more effective on the protection ofwell-known trademark if we apply those two way at the same time.