Research On Legislation Of Anti-trademark Dilution

Trademark dilution refers to the act of reducing and blurring identification and distinctiveness of famous trademarks as well as those with a certain popularity with the result of impairing or tarnishing the reputation of business. Different from traditional trademark infringement, it implies the illegal use of others. Famous trademarks on some different or dissimilar commodities or service. Trademark dilution is an new topic in our country. Although this theory has been researched for more than 10 years, but generally speaking, it need more thorough fundamental research. There is no direct stipulation to the trademark desalination at our present law. The "Trademark law" only has also stipulated to the registered trademark protection. Along with the social economy development, especially after joined WTO, our country's some laws urgently must revise and the consummation, and international connects rails by the time.The trademark dilution behavior mainly may divide into three big kinds: attenuation, smear and degeneration. The extent of protection of the trademark dilution not only includes the registered trademark, but also the unregistered trademark. The protection object of the trademark dilution not only includes the famous trademark ,but also the trademark which has the desalination value and is well-known trademark. The recognizing of the trademark dilution should desalinate the standard by the possibility, so long as the behavior to the certain well-known trademark has resulted the possibility of dilution, it may be recognized the trademark desalination behavior.In international law, the anti-trademark dilution is protected by formulating the special anti-trademark dilution method, the anti- inappropriate means competition law, and the trademark law ,and so on in most countries. Because under the network environment the trademark dilution broke through the territorial character of the traditional trademark right infringement. We should strengthen the cooperation between various countries to protect the trademark dilution under the network environment .The trademark dilution, is one of the important theories of trademark right infringement. With the strengthen of the intellectual property rights internationalization advancement, the trademark dilution theory has received many national's attention. The anti-trademark dilution legislation protection has already...