Anti-dilution Protection Of Unregistered Well-known Trademarks

The theory of anti-dilution protection originally originated in the United States.Trademark dilution refers to the use of marks identical or similar to a well-known trademark on goods or services that are not identical or similar,thus reducing or weakening the distinctiveness of the well-known trademark and damaging or tarnishing its goodwill.China used to adopt a trademark protection model based on the confusion theory,and in recent years has introduced the anti-dilution protection of well-known trademarks based on the dilution theory,i.e.,to protect the goodwill,distinctiveness and well-knownness of well-known trademarks based on the advertising,investment and public notice functions of well-known trademarks.Despite the unregistered publicity procedure,the unregistered well-known trademark also has the above-mentioned attributes and has the justification of anti-dilution protection.However,the provisions on unregistered well-known trademarks in China’s legislation are scattered in different laws and judicial interpretations,and there is also a lack of clear anti-dilution protection provisions.Administratively,the omission of the examination link of trademark registration and the existence of malicious snatching behavior in China also make it difficult for some well-known trademarks to be registered.Due to the mixed legislation,the judicial recognition standard of well-known trademarks is not clear,and the infringement of unregistered well-known trademarks is not uniform,so the anti-dilution protection of unregistered well-known trademarks in China has obvious room for improvement.Internationally,the United States,the European Union and Japan also protect the distinctiveness and reputation of well-known trademarks based on the fading theory.The Paris Convention,TRIPS Agreement and other international conventions have different degrees of protection for unregistered well-known trademarks,and the Comprehensive and Progressive Trans-Pacific Partnership(CPTPP),as the highest standard international trade agreement of the new generation,has put forward higher requirements for the anti-dilution protection of unregistered well-known trademarks,and after China proposes to join the CPTPP,it is more important to improve the protection of unregistered well-known trademarks from the legislative,administrative and judicial After China joined the CPTPP,it should be improved from the legislative,administrative and judicial perspectives,so as to provide comprehensive anti-dilution protection for unregistered well-known trademarks.To this end,in the new international situation,the first and foremost thing is to form a legislative system of anti-dilution protection for unregistered well-known trademarks,including the granting of cross-class protection,increasing the means of trademark acquisition and civil remedies.In the process of trademark registration,it introduces the dilution theory for examination,simplifies trademark registration and opposition procedures,and combats malicious registration.Finally,in the judicial practice,the criteria for recognizing unregistered well-known trademarks as well-known are unified,and the infringement methods of dilution for unregistered well-known trademarks are clarified to form a complete anti-dilution protection system for unregistered well-known trademarks.