Research On The Diution And The Anti-diution Protection Of Well-known Trademark

With sustaining development of the productive forces, the quantity and varity of the commodities are becoming richer and richer. People begin to care the trademark of the commodity expect the quality and function of the commodity, as the trademark is the symbol of honorable status. Because of the successful propagandist and the high quality of the commodity signed by the trademarks, some ordinary trademarks turn into well-known trademarks. And these well-known trademarks not only can give a guide to the customers by identifying the source of the commodity, but also can attract the customers by the value and reputation that they contained.The legal protection of well-known trademark is a key issue in the field of world intellectual property rights. Concerning the protection of well-known trademark, International legislation expands the extent of protection, and many countries followed. Influenced by different traditions,histories and cultures, legal opinions and development of society and economy. The countries have different systems about reorganization and protection of well-known trademark. However, with the integrity of world economy, different countries have the similar tendency of trademark legislation. The thesis analyzes the basic theory,legislation and judicial practice of well-know trademark in China and other countries, in ways of demonstration analysis,comparison analysis, and interest balance, trying to contract the theory System of well-known trademark protection, which is progressive and conform to the situation of our country.This thesis comprises 4 chapters, totally 22,000 words.Part 1 introduce the case of "伊利yili" trademark, then analyze the focus of disputes, and analyze some problems existing in practice.Part 2 introduce the theory of dilution of well-known trademark.Part3 introduces the legislation of well-known trade mark, then analyze advantages and disadvantages of registered and unregistered well-known trademark in aspect of special protection and some problems existing in cognizance system and practice.Part 4 put forward a lot of suggestions to solve the problems existed in part 3.