Research On Theory Of Anti-dilution Protection Of Well-known Trade Mark

Well-known Trademark Dilution is a known trademark for the specific violations, it is well-known trademark infringement by the people who using them for their own trademarks while using them in different goods or services, easy to cause confusion for consumers or the general public mistake, and can make well-known trademark violations or to identify the intrinsic value of reduced damage behavior. As a special tort, well-known trademark dilution does not require the result of confusion, as long as there are well-known trademark recognition of weakening or impairment of its goodwill or the intrinsic value of the real possibility of infringement constitute dilution. As the well-known trademarks have great commercial value and its powerful recognition functions needed to provide its anti-dilution protection, protection of famous trademarks against dilution essence.Well-known Trademark Dilution Theory and Practice of European origin, in the United States have been developed and perfected, and to learn from countries around the world legislation, international treaties and national legislation, the definition of dilution of famous trademarks with the definition, anti-dilution protection measures have different requirements. Anti-dilution protection for famous trademarks, currently the international representative is the representative of Germany to the United States Trademark Legislation and represented by a separate legislative model. China is taken by " Chinese Trademark Law" legislation to protect the main mode. However, due to the well-known marks against dilution theory for the study is not deep enough, resulting in a well-known trademarks on the lack of a unified anti-dilution protection and orderly anti-dilution protection, and has a well-known trademarks including unregistered out of the anti-dilution protection, the not yet established defensive trademark system, and drawbacks, the appropriate judicial protection and administrative protection has not kept pace, enterprises lack the necessary awareness and strategies for anti-dilution protection. In this regard, we should be protected from the legislative, judicial protection, administrative protection point of view the establishment and improvement of China's Famous Trademark Dilution system and improve the enterprise's anti-dilution protection to well-known trademarks in China can keep up with our anti-dilution protection the development of well-known marks, consistent with China's basic conditions.