Analysis On The Anti Dilution Protection Of Well-known Trademark

With the constant development of market economy, the competition between operators is more intense. If you want their goods or services in the relevant market occupy significant position, you have put a lot of manpower, material resources and financial resources to run their own trademarks. If you want to make your own brand develop into the significant of the well-known trademark, you have to learn protect these the well-known trademark. However, when these trademarks contain a large number of commercial value and represent the enterprise of intangible assets, the well-known trademark of the other party is trying to "confusion" "free-rider" behavior such as "down" means free use of the well-known trademark. It is; the emergence of a large number of cases of infringement of trademark. The trademark infringement behavior not only infringes the legal interests of people of famous trademark, and destroy the stable and healthy market order. The trademark anti-dilution protection theory, therefore, is produced, however, for the trademark anti-dilution protection, our country at present can only on the basis of China’s trademark law, the anti-unfair competition law protection as well as local regulations and judicial interpretations. But these rules are scattered and practicability are weaker, in the aspect of legislation system is still in the status of the blank. After China’s accession to the WTO, our country in the blank of the trademark anti-dilution protection become our country to enter the international market defects, not into the orbit of the international market. So, for how can expand to protect the legitimate interests of the well-known trademark, how to stabilize the domestic market of our country’s order, and how to blend into the orbit of the international market, how to establish and perfect our legislation system about the trademark anti-dilution protection.The author in this article mainly uses the method of literature study, comparative study and so on were studied. First of all, by telling the traditional confusion theory so as to lead to an overview of the trademark dilution theory, form, and the traditional "trademark confusion theory", origin and evolution process, and the difference between the meaning of the trademark anti-dilution protection; Secondly, through the comparative analysis method, was introduced in detail about the trademark anti-dilution protection legislation present situation and deficiencies; Again, the United States and countries such as France and Germany about the trademark anti-dilution protection legislation present situation as well as the enlightenment to our country; Finally, the key and detailed for establishing and perfecting of the trademark anti-dilution protection in China and puts forward some Suggestions of relief measures, hope in the trademark anti-dilution in China can build their own legal system.In this paper, the text is divided into four parts in total, specific arrangement is as follows:The first part mainly discusses the theory of the well-known trademark dilution. By describing the concept of well-known trademarks, well-known trademark dilution theory derivation, thus further to the nature of the well-known trademark dilution and its tort forms were summarized; For well-known trademark origin, summarizes "the traditional trademark confusion theory", the development of the theory of "down", to "the trademark dilution theory" and "the traditional trademark confusion theory" are compared; Introduces the well-known trademark dilution of three forms:weakening, defacing, degradation; Finally elaborated the trademark anti-dilution protection for trademark, consumers, the significance of the domestic market in our country.The second part mainly introduces the legislative status of the trademark anti-dilution protection in China and the main problems. For the trademark anti-dilution protection in our country is still blank in legislation present situation, and this paper mainly introduces those scattered in China’s trademark law, the anti-unfair competition law and local rules and regulations and judicial interpretations for the protection of well-known trademarks; At the same time, it detailed describes the main problems of China’s current:hasn’t a clear definition of the concept of well-known trademark dilution, meantime, well-known trademark dilution and the traditional trademark confusion theory is not yet clear standard of well-known trademark dilution, of well-known trademark dilution is necessary to reform the bear legal responsibility for the person.The third part mainly is detailed introduced the United States, the European Union and international conventions related to the protection of the trademark anti-dilution legislation present situation and its enlightenment to our country. First of all, we in the United States the trademark anti-dilution protection legislation present situation carries on the analysis, the revelation obtained from; And then use the same method for the French, German legislation present situation to carry on the analysis, we can see that France, Germany the countries are on the inheritance and development of the legislation; Finally, this paper introduces the Paris convention, the TRIPS agreement, the provisions of well-known trademark protection of joint proposal to the related provisions of the trademark anti-dilution protection.The fourth part mainly wrote about establish and perfect the trademark anti-dilution protection Suggestions and remedies. First of all, from the legislation, we should clear the trademark anti-dilution legal concept; Second, should be clear of the well-known trademark dilution standards:the error caused by the relevant public associations and well-known trademark significantly lower, the implementation of the trademark dilution behavior; Again, a clear trademark anti-dilution component elements of tort liability:object factor, behavior factor, the result elements, subjective factor, exceptions; Once again, building up joint trademark and defensive trademark, Finally, the relief to perfect the trademark anti-dilution protection measures:applying for injunction relief and get reasonable compensation, for other ancillary relief.