Well-known Trademark Anti-dilution Protection Of Legal Research,

Well-known trademarks are those that are widely known among relevant public and enjoy higher reputation in a national range. Because of the higher credit and prestige it possesses, a well-known trademark can bring market share and fortune to its holder. And it's exactly due to this particular value that well-known trademarks have been the victims of trademark infringements. Trademark dilution is such a trademark infringement, in the way that non-holders apply identifications same as or similar to a well-known trademark on dissimilar commodities or services, thus resulting decrease in the distinctiveness and appeal of the well-known trademarks. Trademark dilution violates the legal rights and interests of the trademark holders and disturbs the social market order, and consequently is the object that the legislation of each country across the world prohibits.In the past few years, many Chinese well-known trademarks are suffered from dilution infringements. If no effective anti-dilution measures are taken duly, we can't combat the intellectual hegemony of developed nations and can't protect our national brand from infringement compromise. It's of highly practical importance to take effective steps to crack down trademark dilution infringements by researching the legal properties and elements of trademark dilution, referring the legislation experiences of developed countries and perfecting related Chinese laws and rules.Starting with the concepts of trademark dilution, this paper presents an introduction to the origin, development and theoretical foundation of trademark dilution, and then gives a summary of the nature, characteristics, classification and practical specifics of trademark dilution. To launch a more sound research to dilution theory and refer successful experiences of developed countries, an introduction is given to the relevant legal systems of trademark dilution in developed countries, an analysis is presented to the problem of trademark anti-dilution protection in China and the progress and deficiency are explained as well. In the last, the perfection scheme is portrayed as to trademark dilution legislation in China, made with reference to the Trademark Law amended in 2001. A proposal is made to build an anti-dilution legal system by taking the Trademark Law as principal and Law against Competition by Inappropriate Means as complementary and enrich the specific content of anti-dilution protection in China, so as to benefit the improvement of the well-known trademark protection system in China.