Trademark Dilution Theory And Its Legal Practice

China's current trademark legal system and judicial interpretation of the protection of well-known trademarks are based on the premise of "misleading the public" and "confusion".In the face of non-confused well-known trademark disputes in judicial practice,judicial decisions often lack certain Unity and rationality.Although there have been many expressions of trademark dilution theory in administrative examination and approval and judicial practice,the lag and absence of legislation have caused various problems in the application of this theory.The article mainly uses empirical analysis method,historical analysis method,comparative analysis method and value analysis method to statistically analyze 144 judicial cases involving the application of dilution theory in China.It proposes that there are some problems in the absence of dilution legislation,the confusion of the confusion theory and dilution theory,the limitation of dilution theory application category and the anti-dilution protection objects are not clear,It combines with the extraterritorial legislation and practice,considers the balance of interests of trademark owners and related competitors,proposes corresponding solutions to the above problems: dilution theory clearly entry into legislation,dividing associative confusion and association of dilution,the application of dilution theory is extended to similar commodities,and object of the anti-dilution protection needs to be highly well-known,generally known,and no longer considered whether it has been registered.The research on the dilution theory is conducive to better make up for the deficiencies of the confusion theory,improve the theoretical basis of the well-known trademark protection,and cause the discussion of the applicable boundary of the theory,making the dilution theory more abundant and perfect.The solution proposed in the article is conducive to maintain the unity and authority of law application,well-known trademark owners can more effectively maintain the brand's commercial reputation and economic value in the market competition activities,so that the good reputation and image formed by the energy investment for many years will not be short-lived.At the same time,the study of the applicable boundary of the theory can also take a more rational view of this strong protection of the well-known trademarks,so that it will not be abused by trademark owners to maintain its market monopoly,thereby better maintaining the vitality of the commodity market.