On Trademark Anti-dilution Legal System

Association means when see a later trademark you will immediately thinkof a well-known earlier mark, and feel the later one deliberately close to theearlier trademark, and maybe there is a derivative relationship exists with theearlier trade mark. For example, the consumers associate trademark B withtrademark A, if you think they are same or some kind of economic relationexists between the A and B, such acts means confusion. The former is directlyconfusion and the latter is indirect confusion. If the consumers do not involveany connection between the A and B, this behavior is trademark dilution. Theso-called trademark dilution means dilute or weaken the connection between thetrademarks and goods, which is only and definite. Anti-dilution andanti-confusion are equal, both of them are important for trademark protection.The reason given trademark anti-dilution protection is the limitations oftraditional trademark law. The confusion of consumers is the fundamental basisof the traditional trademark protection. If there is no likelihood of confusion,there is no need for trademark protection. Obviously, the protection focuses onthe identification function of the trademark. With economic development, people tend to pay more attention to the brand value represented by thetrademark, hoping trademark to show others their own taste, in recognition oftheir identity. There are many trademark infringement cases occur because ofassociation but not confusion. Trademark misappropriation is the most typicalamong different industries. The trademarks Anti-dilution is for protect theadvertising function of trademarks and for preventing trademark confusion.Subject to anti-dilution protection, the trademark owners have the right toprohibit others to use the same or similar trademarks in other industries. Breakthrough the limitations of traditional trademark industry protection, strongprotection of the trademark cross-industry expands trademark rights. Only in thecountry very high significant well-known trademarks can to be protection by thetrademark anti-dilution. The one hand, the ordinary and significantly weakertrademark is difficult to trigger the association by consumers and is not easy tobe selected as the objects of trademark dilution; On the other hand, extremelysignificant nature of the well-known trademarks including the owners of thetrademark huge human, material, financial investment and a long hard run, oncethey are diluted, the harm is far greater than ordinary trademark. In addition, because the trademark anti-dilution protection is the expansion of trademarkrights, in order to protect the public interest and the citizens’ freedom ofexpression, the object of the dilution strictly limited in significant well-knowntrademarks in the country has a very high rationality.Currently, China has not yet introduced in trademark dilution in thelegislation, and often seen in cases of trademark dilution in judicial practice, thelack of legislation will inevitably lead to the confusion of the administration ofjustice. In order to guide the administration of justice and to respond to realneeds, on the occasion of the third revision of the Trademark Law of theoccasion, the Trademark dilution should be included in the scope of the“Trademark Law”.The paper is divided into four chapters:The first chapter is an introduction. These include research background,significance, and development in the subject and content of research andinnovation.The second chapter is the legal meaning of trademark dilution, startingfrom everyday life with the judicial status quo origin through the introduction trademark dilution, confusion theory, to define the concept of trademark dilution.The purpose is to clear the boundary of trademark dilution.The third chapter focuses on the determination of an act of trademarkdilution, three types of analysis is to dilute the requirements of trademarkdilution, trademark dilution behavior in order to more clearly understand.Chapter by using comparative analysis of trademark dilution theory is moremature in the United States and the European Union play down the legislative,judicial status quo are introduced, and two anti-dilution protection modecomparative analysis.The fifth chapter discusses the current situation of our trademark dilution,based on clear our legislative introduction of trademark dilution system is notcurrently appropriate legislative proposals. This chapter is the focus of thisarticle and innovation, focusing on the interpretation of the provisions ofrelevant laws and legislative texts proposed.