On Issues Concerning Anti-dilution Of Well-known Trademarks

Well-known tradmark dilution includes blurring and tarnishing,it is that without permitting someone else use the mark on different or dissimilar commodities or service to lead to reducing distinctiveness or tarnishing goodwill of the tradmark. It is anti-competition and tortious act. Compared with confusion ,dilution just needs liklihood of reducing distinctiveness or tarnishing, and doesn't need confusing. Long time use and a lot of publicity make well-known trademark become more distinctive ,it can embody logos of value,attitude of life and logos of the companies. The nature of dilution is protcting it's distinctiveness and goodwill from being damaged. Origined from Europe, the theroy developed and completed in America,and then adopted by Europe. There are two legislative modes of anti-dilution,many countries such as German and France all constitute provisions in trademark law,America constitutes separate law-Federal Trademark Dilution Act. As for it's construction, trademark dilution requires four conditional items: the trademark must be well-known; the act of blurring and tarnishing without fault ; the probable damage that the act brings. Protection of well-known trademark is not aboslute, law must permit resonable use,such as descriptive use and non commercial use. Under the current system we lack uniform and orderly anti-dilution protection provisions and distinct unregistered well-known trademarks from anti-dilution protection. Our country should establish the legal system that trademark law plays major role in anti-dilution and The law of against unfair competition is complementary. The conception of dilution,performance and resonable use should be constuted,we must supply protection for unregisterd mark and more remendies.