The Research On Trademark Dilution

Along with the development of knowedge-based ecnomy,the importance of thrademark is growing and the commercial value of trademark is also increasing.So the form of trademark infringement is more and more complex.Trademark dilution which broke the thradional theory of confusiontheory,provides the thrademark owner a higer protection from another angle.The dilution theory is butilt on the that thrademark is intangible property,which greatly expanded the scope of thrademark protection.For this reason,many countries have introduced this theory from different ways,but China has no requirement on trademark dilution theory.Dilution theory used for expanding protection of Well-known trademark has become an inevitable trend.China,as a member of WTO,is obliged to make the relevant provisions in the legislation.This article is divided into four chapters:Chapterâ… the general issues of Trademark Dilution. This chapter begins from the concept and the nature of trademark dilution,and simplly discussed the definition of trademark dilution and their properties. Then outlines the generation and developmen of Trademark Dilution. Finally discusses the theoretical basis of Trademark Dilution from three aspects:changes of trademark function,changes of trademark statusand and the strengthening of the economic value of trademarks.Chapter II Analysis on the Theory of Trademark Dilution. This section firstly discusses the legitimacy of Trademark Dilution from three aspects: philosophy of Law, economics,and three theories of intellectual property. Secondly,to make a more in-depth studies Trademark Dilution theory,the auther Proposes the challenge of Trademark Dilution theoryand dialectical analysis on the Trademark Dilution theory.Chapter III legislative and judicial practice on Trademark Dilution of Other countries.In terms of legislation of Trademark Dilution,the common law is represented by the United States ,and U.S. gives a separate legislation on Trademark Dilution.In civil law,Germany is the birthplace of Trademark Dilution case,whose Trademark Law of 1995 also specified to provide anti-dilution protection for trademark,and it also has many elements to be studied.From the international point of view, TRIPS also Also provides protection for the Trademark Dilution.Chapter IV Legislative proposals on China Trademark Dilution.Now in our country, there are some local laws and regulations,no system requirements on Trademark Dilution, lacking cohesion and authority. Based on this legislative status, Trademark Law of China in future should be clear that the provision for the Trademark Dilution, in order to ensure the operability of practice on this issue and to avoid formalism we should enrich the content of anti-dilution provisions.