The Research Of Anti-dilution Protection Of Well-known Trademarks

Well-known trademark, it refers to the trademark which enjoys high reputation in the market, and is known by the public with strong market competitiveness.As important intangible assets of businesses, well-known trademark possesses great market values.Well-known trademark not only has the function to distinguish sources of goods or services,but also carries superior quality and good reputation of manufacturers. It is the golden card for the enterprises to join in the market competition.For modern enterprises, the intellectual property rights has become one of the important indicators to measure comprehensive strength. And the well-known trademark plays significant influence for the enterprises to be in the invincible position in the competition.With its own significance, well-known trademark enjoys a good reputation and superior market position.However,the anti-dilution of well-known trademarks crippled the significance of well-known trademarks,dilute, weaken or even defile the identification of the well-known trademarks,and damage the goodwill of well-known trademarks,caused heavy losses to the right holders of well-known trademarks.Therefore, only we try our best in anti-dilution protection of well-known trademarks, can we do better in protecting the legitimate rights of the right holders and promoting the development and enhancing the competitive abilities of the enterprises. Thereby it can facilitate the development of social economy and enhance the comprehensive national strength of our country.This article carries on the analysis of anti-dilution protection of well-known trademarks.This paper includes five parts:By introducing a classic case in introduction section---EASTMAN v.KEDA for trademark infringement, I began the analysis of trademark anti-dilution protection.The first chapter introduces the basic theory of the dilution and anti-dilution of well-known trademarks, by analyzing the connotation,expression and identification of the well-known trademark dilution and introducing the basic theories of anti-dilution of well-known trademarks,I analyze the necessity of the anti-dilution protection from different perspectives.The second chapter analyzes the anti-dilution protection of well-known trademarks in Chinese present legislation and the existing problems.The third chapter introduces anti-dilution protection system of well-known trademarks from international organizations and the United States, Germany, England and other countries, and the revelation for China to establish and perfect the anti-dilution protection system of well-known trademarks.The fourth chapter explores the anti-dilution measures of well-known trademarks:we can against the dilution of well-known trademarks according to the international treaties, conventions which China has joined in,such as Paris Convention, TRIPS Agreement and Joint Proposal.Strengthening the trademark anti-dilution protection consciousness is also an important action,the enterprises can register the associated trademarks and defensive trademarks to protect their well-known trademarks. And as the owners of the well-known trademarks, the enterprises should register for the well-known trademarks in time. And perfect the anti-dilution protection system of well-known trademarks in legislation.By inserting the dilution theory of well-known trademarks into the Trademark Law,we can definite the legal character,the legal identification criterion and the legal liability of the dilution of well-known trademarks to achieve an executable law of anti-dilution protection.In addition, we can also modify the Anti-unfair Competition Law. For the dilution infringements of well-known trademarks which did not involve in other laws and regulations,we can search help in the Anti-unfair Competition Law to protect well-known trademarks comprehensively.The fifth chapter is the conclusion.