Research On The Well-Known Trademark And The Anti-Dilution Protection

Well-known trademark is a special system of the trademark law, refers to give the "well-known trademarks" more extensive and sufficient legal protection. The reason given special protection to well-known trademarks, is the well-known trademark's special features which represent the trademark's credibility and the consumer's statuse. It is also because of the enormous commercial value of the well-known trademark created by the trademark owner's hard work. Therefore,it is certain necessary and reasonable to provide the spceial expansion protection for the well-known trademarks compared with the odinary trademarks. The trademaek dilution theory arised in this context. The theory of trademark dilution provide a higher level and more comprehensive protection of well-know trademake. The article analyses the deficiency of our protection for the well-known trademark and then gives some proposals for improvement.The article consists of five chapters.Chapter one is about the discussion on the concept, legal characters and the recognition of well-known trademark. In this section, the author points out that the well-know trdemark means the special protection of some trademark, then state the views on China's well-known trademark's recognition system.Chapter two analyzes the well-know trademark's special protection system. It first discusses the necessity of well-know trademark's special protection from the point of view of the reality, then introduces the special protection theroy of well-know trademark and its development.In the end of this section,it points out trdemark dilution theroy has became a necessary system of the protection of well-know trademark.Chapter three introduces the basic theroy of trademark dilution, including the establishmen of the theroy,definition,nature and type of trademark dilution.Chapter four makes a general grasping of the trademark dilution's composition, It makes a detailed discussion on the object of the trademark dilution, the relationship between confusion and dilution, the subjective element of the trademark dilution and the exception of dilution.On the basis of the previous four chapters, chapter five explores how to strengthen the Anti-dilution protection. It first summarizes the laws and regulations on the trademark ution based on our country's legal system,and the personal views are put rward about some legislative suggestion on the anti-dilution law. Then, it gives some proposal to prevent trademark dilution from a business perspective.