Research On Anti-dilution Of Well-known Trademarks

Trademark is basically used for identifying sources of products or services sinceit was produced. With the development of market economy, its function is no longerlimited to recognition, but rather to promote the intrinsic value and strengthen themarket competitiveness of its attached products and services. Now, it is important forthe Trademark Law to figure out how to provide more comprehensive protection forthe well-known trademarks in various ways and channels. Currently, the theoreticalstudy of the well-known trademark anti-dilution is not deep enough, the relative lackof anti-dilution practice also whether China needs to introduce dilution theory andimprove relevant systems is a problem worthy of study.Unlike the traditional trademark protection based on the likelihood of confusion,the trademark dilution goes beyond one class. Trademark dilution involves theunauthorized use of another’s famous mark on products and services that do notcompete with, and have little connection with, those of the trademark owner. Theauthor starts from the fundamentals of dilution and anti-dilution, concentrates on theanti-dilution law system, and then generalizes the current situation and prospect oflegislation and legal practice of anti-dilution, with a comparative analysis of theanti-dilution laws in the international treaty, U.S and EU. Moreover, combined withthe current situation of legislation and legal practice in Mainland China and Taiwan,corresponding countermeasures are put forward in order to protect the well-knowntrademarks perfectly and reasonably.First of all, the article elaborates on the identification and fundamentals oftrademark dilution. The concept of well-known trademark dilution is originated fromGermany while its theories and judicial practices are developed in the United Statesof America, which has a major influence on Trademark Laws and regulations inmany countries. This part proceeds from the fundamentals of trademark dilution,outlines the origin of the theory and further concludes the basic elements of dilutionidentification in five aspects. It is rational to bring the concept of anti-dilution in both theory and legal practice, however, the dilution theory also has some drawbacksand needs to be restricted when applying.Secondly, I want to elaborate the system of the famous trademark anti-dilutiontheory, the protection of international famous trademark and the development of theAmerican and EU’s anti-dilution theory. Summarize the significance of the famoustrademark anti-dilution theory and judicial practice. The international society havealready reached a consensus about famous anti-dilution. International conventionand national regime have affirmed to anti-dilution theory,in other words,anti-dilution meet the protection of the famous trademark. The introduction offamous trademark anti-dilution, not only about the interests of famous trademarkowner, but also related to the public interest,maintenance of proper and orderlymarket competition about important significance.Finally, make some suggestions about the improvement of the famoustrademark anti-dilution legal system. The system about the protection of Chinesefamous trademark will be better,meanwhile Trademark Law do not define the“dilution” clearly. The missing of the dilution theory is harmful for protection offamous trademark. Improving the relevant legal system, need to weigh the interestsof all parties. Not only protect famous trademark,but also avoid to the abusingknown trademark owners’ power.Dilution theory about famous trademark make up for the traditional protectiontheory of defects. There is a theoretical basis for famous trademark anti-dilutionprotection legislation and judicial practice. In-depth studying on the dilution theory,implementing legislation and judicial practice which is related to anti-dilutionsystem are good for the protection of famous trademark current problems to besolved and fulfilling the obligations as a WTO member country.