The Preventions Of Well-known Trademarks Genericisation-Taking "Lao Gan Ma" Case As An Example

In recent years,cases involving the general name of well-known trademarks have occurred frequently,and the "Lao Gan Ma" case is one of the typical cases.The main problems of Lao Gan Ma are the identification of the nature of the accused's infringement,the restriction of the trademark right and the influence of the alleged infringement on the generic name of the trademark.The essence of the general name of the trademark is the continuous degradation of the trademark's significance and the loss of the trademark,which makes the trademark lose the function of identifying the source of the goods.Due to the distinctiveness of the cause of degradation is inherent in the trademark itself was not strong enough,the trademark owner for the trademark of the improper use of the internal reasons such as the cause of the error,leading outside also has improper behavior and mass media industry operators with the "free rider" behavior,the government departments.The biggest inspiration from "Lao Mama" case is how to protect the trademark's significance through litigation in the process of trademark's generic name,and prevent trademark's generic name by anti dilution theory.At the same time,the application of dilution theory is limited.Non commercial use,proper use,news reports and news reviews,parody,etc.constitute the exception of dilution.In addition to weakening the theory,trademark owners can take other ways to prevent trademark's generic name,for example,in the dictionary,we should Mark trademarks,correctly use trademarks,strengthen trademark management,establish general names and actively popularize them.