Studies On The Determination And Dilution Of Well-known Trademark

The trademark is a mark of identifying the origin of different goods, and it is theimportant intangible asset of enterprise, especially the well-known trademark. It is notonly the represent of the images of enterprises, but also condenses enormouseconomic value. Since China entried into WTO in2001, the market ecnomy developsquickly, and the number of the well-known trademarks increases fast, too. In China,well-known trademark is recoggnized mainly by trademark administration agency, injudicial practice, the court can also identify the famous degree of trademark in aspecific case. but because their standards are not the same, also the relevant laws inour country do not make specific provision on elements of form and program problemof the recognition of well-known trademark, resulting in the cognizance of thewell-known trademark arises standards chaos phenomenon in practice. Resuring thecognizance of the well-known trademark is very significant for protecting thewell-known trademark and the legal rights and interests of the owner of a trademarkbetter, and also, it is very significant for maintaining the healthy makket competitionenvironment.At present, the world economic is globalization economic, and the economic andtrade exchanges between country and country, or area and area is more and morefrequent. And the well-known trademark which has the difference and recognitionfunction is becoming more and more important in this process. A trademark is morewell-known, but also more vulnerable. At present, the well-known trademarks′tortform is more and more, the trademark dilution is a kind of special tort form. Thetraditional trademark protection method has been unable to meet the demand forprotecting well-known trademarks. There is a need for new theories to protect them.Therefore, studying the theory of trademark dilution is imminent, which has importantsignificance.The article begins with case analyses, taking the trademark infringement disputecase between Honghe Cigarette Factory and Kunming city Yiliang gold washingsupplies limited company as the angle of view, to study the cognizance of well-knowntrademark and well-known trademark dilution.The first, case introduction. We can have a preliminary understangding on the caseby simple introduction, and summarize the disputes, and put forward relevant legal issues.The second, the well-known trademark determination problem study. Include threelevels:(1) Study connotation of well-known trademark. Through the introduction ofinternational treaties, the law of different countries and regions as well as our country,and the understanding about the well-known trademark concept of related scholar,then put forward my own understanding of the concept of well-known trademarks inChina: the well-known trademark is a trademark that is used for a long time andwidely known by the relevant public, and which has high visibility and strongdistinction.(2) Study determination standard of the well-known trademark. Mainlystudy popularity, geographic scope, the relevant public, significant of the well-knowntrademark.(3) Study the issue that "Red River" trademark is well-known trademark ornot. By studying the four factors to study wether "Red River" brand is well-knowntrademark or notWe can come to conclusion that the" Red River" brand is well-knowntrademarks.The third,well-known trademark dilution study. Include three levels:(1)theconnotation research of trademark dilution. Through the study, the meaning ofwell-known trademark dilution is that a person who is not the well-known trademarkowner, uses trademark that is same or similar as well-known trademark in its goods orservices which are different from former goods or services, resulting in thewell-known trademark recognition, significant weakened, or goodwill impairmentbehavior, regardless of whether the use behavior will cause misunderstandingorwhether there is competition between the owner of well-known trademark andothers,or whether there is confusion, misunderstanding, possibility of deception oreconomic actual damages.(2)Study trademark dilution determination. Mainly fromthree aspects to study it, and explain my own point of view:○1Constitutiverequirements of trademark dilution. Includes two: the object of trademark dilutionmust have higher visibility and stronger significant than ordinary trademark;trademark dilution use "downplay danger" as the elements, and do not need cause "fact desalination"○2trademark classification. Includes three categories: weakening,beautify, degradation.○3study if this act that useing others well-known trademark forgoods packaging, decoration is the manifestation of trademark dilution or not.(3)Analysis wether the defendant’s conduct is the dilution act to "Red River" trademark,mainly from the identification of trademark dilution form three aspects to analyze.We can get this conclution that the defendant’s conduct is the dilution act to "Red River"trademark.The fouth,studying the beginning time of using the theory of trademark dilution.(1)By analisising laws about this question in different countries, I put forword myown view. That is, the time of protecting well-known trademark begins from the factwell-known, but should not take the relevant authorities identified as a starting point.Without considering the infringer’s subjective malignant.(2)analysis that wether thedefendant’s conduct is a dilution act to "Red River" t`rademark before "Red River"trademark identified well-known trademark.We can get this conclution that thedefendant’s conduct is the dilution act to "Red River" trademark.