Study On The Anti Dilution Protection Of Well-known Trademark

The original meaning of brand is only the business symbol for people to recognize the commodity supplier in busting and complex market; it only has meaning in semiotics. But with the quickly developing of commodity market, people begin to consume according to their own shopping habit, it better to choose in the famous brand rather than choose this in the other similar goods. So the familiar band could attractive more buyers. Under that kinds of social circumstance influence, well-know trademark is beginning to recognize by the people republic. Well-know trademark itself has very a famous reputation and could be easily distinguished by customers in consuming activity, so little by little appearing some trademark infringer with "free ride" mentality and use obligee’s trademark in the other irrelevant or dissimilarity commodity and service area. This kinds of action directly impact the distinctiveness of well-know trademark.At present our country still in a blank stage to the anti-dilution legal protection on well-know trademark. On the legislative aspect only depend on the extending of traditional confusing doctrine to solve all the mark infringement cases, this kind of trial mode directly result in well-know trademark obligee’s legal rights cannot be protected. All though we know that different national culture causes different national legislation, it is natural that have some difference especially in legislation on intellectual property right. But rapid developing of international economic integration, our country defect in the anti-dilution legal protection on well-know trademark must be the weakness in international economic dealing. This article took this as the starting point, after analysis currently every basic institution gives own opinion on how to establish the anti-dilution legal protection on well-know trademark system in China trademark field. This article via the research method of comparative analysis after intensive study the trademark anti-dilution legislation in America and others countries, in-depth analysis the meaning of enlightening it generates, skim the cream and directly act on our country’s future trademark legislation. First part is the basic summarize of the theory of well-know trademark dilution. After sating the related conceptions, make classification of well-know trademark anti-dilution into weakening, uglification and degradation. Following with the example of America trademark legislation to introduce the birth and development of anti-dilution legal protection on well-know trademark and discuss the meaning of the anti-dilution legal protection on well-know trademark from the interest of trademark holder, customers and marketing order three parts. At last from social order and legal justice two aspects to explain the rationality of establishing anti-dilution legal protection on well-know trademark system.The second part introduces the trademark anti-dilution legislation in America and European Union. Starting with the advanced<FTDA>, analysis the way to solve conflict, legislation procedure and the inspiration from countries in the world before legislating. Then introduce the EU’s legislation with the same style, from the EU’s legislation could clearly find out the inheritance and development from<FTDA>, at last refer to that our country should learn the experience from EU legislation establishing.The third part is introducing the shortcoming of our country’s trademark anti-dilution legislation. Firstly introduce and analysis the legislation status, thereinto emphasis on the nature problem to the article13in <Trademark Act>, after balance every thesis present that currently our country’s legislation still has not involved in the content of trademark anti-dilution. Even if there were only some one-side reference this word, not mention anything related to trademark dilution system. Following with some specific problem in well-know trademark dilution protection, include lack recognize to dilution concept, recognized standard for dilution behavior, identification of legal entity liability, not break through traditional confusing doctrine made the confusion and dilution two theories in parallel four parts.The fourth part mentioned with the suggestion of anti-dilution legal protection on well-know trademark. Firstly establish the clear define of trademark dilution, based on this clarify the manifestation of well-know trademark dilution behavior, including use the others’well-know trademark or the mark similar with others well-know trademark in the other goods and services, enterprise name, realm name, packing or decorate and so on. Then identify trademark dilution behavior recognized standard from several parts, include related public emerge the error connected and well-know trademark remarkable decrease. Following with key element of well-know trademark dilution constitute of tort liability, including protected well-know trademark should contain unregister trademark, infringer practice the trademark dilution action, it could be defined as dilution when it has the possible to produce dilution, meanwhile not required infringer has subject intent. Then make the statement of relief measure, not only could apply for injunction relief but also could do a series relief like obtain above normal compensate for trademark tort. At last establish defense system of defense trademark and unite trademark, use trademark itself characters to achieve the aim of anti-dilution.