Analysis Of The Judicial Adjudication Applicable To The "Dilution Theory"

The application of trademark dilution theory has a long history in the field of trademark law in China,which is different from the traditional trademark protection model based on the confusion theory.The trademark dilution theory is more focused on the protection of trademark owners.Because its focus is on the goodwill problem behind trademarks,the main goal is to avoid the misappropriation of the goodwill of trademark owners.Although the "Trademark Law" has been revised several times so far,there is currently no clear definition and applicable standard for "trademark dilution" in law.Existing judicial interpretations distinguish the types of desalination according to the development of practice,and determine how to consider the comprehensive considerations of desalination,but in the specific application process,there are differences between trademark civil cases and administrative cases.At the same time,what problems still exist in the application of the dilution theory in judicial practice,how the judicial interpretation is used,and how to improve the standards for the determination of dilution in the case of "trademark dilution" are all issues that need to be discussed in this article.This article will sort out the theoretical basis of the dilution theory and the existing laws and regulations,and through the summary of the court 's investigation on the real judicial precedent of "trademark dilution",generally follow the "discover problems-analyze problems-solve problems" idea to write This article.First of all,the current status and existing problems of the application of desalination theory are summarized.It is found that the current laws and regulations are not yet detailed and perfect.At the same time,the specific applications in practice also have different standards and inadequate discussions.Secondly,from the perspectives of civil cases of trademarks and administrative cases of trademark authorization and confirmation,the differences between the application of dilution theory in two different cases are analyzed in detail.Finally,it puts forward some suggestions on how to perfect the dilution determination factors in China's "trademark dilution" cases.The first chapter of this article gives an overview of the current status of the application of "Dilution Theory".First,review and introduce the concept of trademark dilution and the three types of trademark dilution identified in China's legal system,and comparatively analyze the difference between dilution theory and confusion theory,further emphasizing that the protection of trademark dilution is not based on confusion in theory.At the same time,it combs the relevant provisions of the current laws and regulations of China related to the application of trademark dilution,and summarizes the current difficulties in the application of trademark dilution.Finally,the author introduces the overall situation of the sample in this case study.In order to better analyze the application of the dilution theory,this sample analysis will be carried out from the perspective of trademark civil cases and administrative cases.At the same time,the application of dilution theory in judicial practice exists The problem is also summarized as a whole.The second chapter of this article is based on the empirical analysis of 59 trademark civil cases in the sample.First,through the summary of the judgment of the civil case of trademark,some specific consideration factors of the four aspects that the court found that “dilution” is reflected in the application process of the dilution theory are extracted,and these factors are evaluated in combination with the specific case,indicating the application of dilution theory There are still problems.Secondly,it introduces the two modes of application of the dilution theory in trademark civil cases,namely,the supplementary application mode and the independent application mode,and analyzes the existence and impact of the two modes.Finally,based on the analysis and discussion of the different modes of dilution determination factors and the application of dilution theory,the general characteristics of the application of dilution theory in trademark civil cases are explored in order to be able to clarify the application standards of dilution theory in practice,so as to better To regulate the dilution of trademarks.Chapter 3 of this article is based on an empirical analysis of 99 trademark administrative cases.The author divides the application of the dilution theory in administrative cases into two stages and discusses them in turn.The first is at the stage of applying Article 9,paragraph 2,of the "Judicial Interpretation of Well-known Trademarks".At this stage,a court has put forward a three-layer theory of knowledge in administrative cases and has had a certain impact.The three-layer epistemic theory is evaluated by combining case forms.The second is the stage of application of the “Authorization and Authorization Regulations”.Since the regulations clarify the five factors that should be considered comprehensively in the determination of trademark dilution,the author has investigated its specific application in practice and commented on these identification factors in order to improve Perfect the application of dilution theory in administrative cases.The fourth chapter of this article is based on the empirical analysis of the previous two chapters,and puts forward corresponding suggestions on how to perfect the application of the dilution theory.According to the author's review of the laws and regulations on trademark dilution in China's trademark laws and the summary of cases in practice,China's "Trademark Law" should clearly specify legislation on "dilution",but it should be combined with China's national conditions in specific ways.Secondly,it is necessary to determine a unified trademark dilution evaluation standard,and make a distinction according to the type of dilution.