Research On The Dilution Of Well-Known Trademark

With the rapid development of the economic globalization, people pay moreattention to high value of well-known trademarks. Adopting the theory of thetrademark dilution to protect the well-known trademarks has already become a newtrend of intellectual property protection. Although our country is positivelyparticipating in the pact of trademark dilution theory, the anti-dilution system of ourcountry has not set up yet, and there is a certain distance between our domesticresearch on the theory of trademark dilution and that in U.S. This paper makesresearch on the source and the history of the trademark dilution theory development,the anti-dilution legislation and practice in U.S. Through the method of comparing,analyzing, summing up etc, propose the some suggestions on perfecting theanti-dilution system in our country. This paper includes four chanters.Chapter one: This chapter presents an introduction to the origin of trademarkdilution theory, and especially pointed out that expansion of trademarks' function anddevelopment of the concept of trademark protection worked for the development oftrademark dilution theory.Chapter two: In this chapter, on one the hand, the author demonstrated therationality of the famous trademark dilution theory from the value target, such asorder and justice, and the intelligent property right rationality theories of the law. Onthe other hand, the author analyzed the concrete performance and how to affirm thefamous trademark dilution in practice, which could provides the intuitionistunderstanding for affirming of famous trademark dilution.Chapter three: Firstly, the author introduces the state and federal anti-dilutionlaws, analyze the forms, the requirement and the remedy of the dilution, and makes itclear that the standard by which to determine the dilution and the Standard of theremedy. Secondly, simply introducing the illumination that anti-dilution protection ofthe well-known trademarks brought us.Chapter four: In the first place, present an analysis to the problem of trademarkanti-dilution protection in China and the deficiency and limitation are explained aswell. In the next place, the perfection scheme is portrayed as to trademark dilutionlegislation in China. A proposal is made to build an anti-dilution legal system bypassing the Regulation for Affirming and Protection the Well-known Trademark, inwhich a sole chapter should be set to protect the anti-dilution of well known.