Research On Trademark Dilution Problem

Trademark plays an important role in the market economy. The purpose of this thesis tends to search for the legal structure with the correct understanding of dilution behavior,offer special protection to the well-known trademark and perfect the anti-dilution law in China. Refer to a large number of foreign classical cases and writings, this Article's thesis systematically discusses the trademark dilution problem by comparing, analyzing and induction methods. The whole thesis is composed of four chapters, presents deficiencies of traditional trademark protection theory, original of trademark dilution theory, how to consider the dilution behavior, foreign advance legislative experience etc. At the end of this thesis, conceive legislative articles of anti-dilution law and give legislative proposals to the third revision of trademark law in China.The first chapter, explores the economic functions that trademarks perform, examines the various ways in which the likelihood of confusion test and the dilution doctrine(as well as the so-called identity rule in European trademark regimes) act together to ensure that trade marks can fulfill their economic functions. Traditional likelihood of confusion test can protect trademark's product-identification and communication functions. With the development of society economy, confusion theory inclines to expand. But while changing the role in the market economy, as well as the greater significance of trademark, some trademarks are capable of emancipating themselves from the products in connection with which they are used. When that happens to a trademark, it acquires an intrinsic reputation. Traditional trademark theory no longer protect all the trademark economic functions, trademark protection met the dilemma. Dilution doctrine is as vital to preserving the economic and social benefits that are expected to ensue from trademarks as the traditional tests. This thesis analyzes deficiencies of traditional trademark theory and introduces the background of dilution doctrine.The second chapter, presents an introduction engage in considering dilution behaviors. Contrary to traditional theory, the dilution doctrine vastly expands trademark protection. To avoid"intellectual monopolization", dilution doctrine restricted to well-known trademarks. Moreover, This part puts an emphasize on the discussion of trademark dilution's category, requirements and expressing forms in practice. From the theory view, the dilution behavior can be divided into two kinds---dilution from blurring and dilution by tarnishment. This part analyzs the infringement of each behavor to trademark's economic function. Subjective fault is not the element subject to dilution behavior and the expressing form can be divided into four kinds.The third chapter, to launch a more sound research to dilution theory and learn relevant advance experiences from developed countries, this part presents an introduction of TDRA's background and innovation. In order to return and highlight the dilution doctrine's original intention, natural concept and reduce the conflicts related, TDRA clarified the definition, criterion, fame factors, expressing form of trademark dilution, unified the courts understanding and standard of application. TDRA is the landmark of dilution theory, and other countries can learn a lot from it.The last chapter, while the development of China intellectual property right construction is accelerated, the protection is strengthened. Moreover, to respect and preserve the interests of well-known trademark's owner, We must establish the well-known trademark anti-dilution system. This part explains the current legislation of anti-dilution in China, proposes legislative proposals, Analyzes the issues of anti-dilution regulations in the third revision of trademark law. The end of this thesis, conceives the legislative provisions of anti-dilution in China trademark law.