Trademark Dilution Theory And Legislative Space

The dilution of trademarks means the improper use of the same or similar trademarks on the same or similar goods or services that are not the same or similar to the obligee,resulting in the decrease of the distinctiveness of well-known trademarks and the derogation of advertising functions.The theory of trademark dilution has been more than one hundred years old since it was developed.There are many divergences in this concept both at home and abroad,and the discussion has continued to this day.In the legislation of western countries,we can see traces of trademark dilution theory.However,it seems that the current law of our country can not find the words of trademark dilution.In China,the theory of trademark dilution has not developed smoothly,and the environmental context of the legislation is not yet mature enough.Although the amended Trademark Law and relevant judicial interpretations more or less realize the cross-category protection of well-known trademarks Legislators to adopt the idea of dilution of trademarks,but it is difficult to form a clear dilution provisions.Anti-dilution protection,which is not expressly stated in the law,can only occasionally appear in referees of judicial practice and is under-protected.In the increasingly widespread case of trademark infringement today,China urgently needs the introduction of trademark dilution theory in law,to provide more adequate protection of well-known trademarks.The text of this article is divided into six chapters to introduce the trademark dilution theory and its legislative space.The first chapter is an overview of trademark dilution theory,describes the development of dilution,the composition of the elements,objects,types and performance,a brief description of the dilution theory more important concepts,the other will be the trademark dilution and confusion with the traditional trademarks The theory makes a distinction,points out the significance of studying the trademark dilution theory.The second chapter introduces the standard of proving the establishment of trademark dilution,and proves that applying the criterion of "dilution" or "dilution possibility" is consistent with the basic principle of dilution theory.The third chapter briefly introduces the relief of trademark dilution,mainly using the prohibition of registration,prohibition of use and compensation for damages.The fourth chapter is related to the case study and trademark anti-dilution of judicial accumulation.Analyzed the case of Victoria's Secret v.Mosley and two typical cases of domestic dilution,including the classic case of trademark dilution,and realized the idea of trademark desalination infiltrated through the conclusion of case law.The fifth chapter is about the trademark dilution theory in the legislative space of our country.Firstly,it analyzes whether the provisions of cross-class protection of trademarks in current laws and regulations of our country embody the legislative dilution of trademark and the legislative space left by the laws.The last chapter is a legislative suggestion on the introduction of trademark dilution theory in our country's law.It is proposed to amend "Trademark Law" and "Anti-Unfair Competition Law" to establish the legal basis of anti-dilution protection and at the same time complement and disclose the legal provisions.This article uses the literature research method,the comparative analysis method and the case analysis method to study the issue of trademark dilution.Through the understanding of the theory and the discussion of typical cases,we can grasp the development of the trademark dilution problem and the existing problems,especially in the domestic legislation The existing need to improve and fill in place,to regulate the growing number of trademark infringement issues.