Study On Trademark’s Dilution

Trademark dilution is to use marks similar with other’s well-known trademarks on different merchandise, lessening the distinctiveness or undermining the business reputation of a well-known trademark.The main reason to the appearance of the dilution theory is the emphasis of trademark’s function changed from its original function (distinguishing the source of goods)to its advertising function.The traditional theory of trademark tort is "confusion theory",which is based on causing confusion,but if someone uses the same or similar marks with the well-known trademarks on non-competitive goods,to consume and dilute the distinctiveness rather than to cause confusion,the "confusion theory" can’t provide sufficient protection, because the consumers don’t have wrong cognition.To solve the problem,the "dilution theory "appeared.Ever since brought out,the trademark dilution theory was highly valued,and was brought into legislation in some countries. With China’s development of economy and the performance of trademark strategy,there are more and more well-known trademarks and the dilution tort becomes more and more common,so it’s necessary to regulate it and protect the interest of the trademark’s owner and maintain the market order. But on the other hand,there should have a limit on the protection,in case excessive protection prevents market competition and harms the vitality of the market.There is no specific dilution legislation in China, we can only find related rules in judicial interpretation of Supreme People’s Court,so I think it’s essential to take futher research on the theory and learn the experience of developed countries,to bring dilution into the legislation of our country when time is right.