Study On The Legal Issues Of Trademark Dilution

At present, the crime means increasingly diversified, trademark dilution is anew problem of tort, the well-known trademark owners to protect their own interestsdue to its potential as long time, and high concealment. The blank of legislative inour country brings many challenges for the anti dilution protection. The theory oftrademark dilution in developed countries such as Britain and America havebeen mature, the legislation that related to the protection are more advanced, itcan provide some suggestions and reference for our anti dilution legislation. Weshould do from the choice of legislative mode, set fair use provisions of well-knowntrademark and strengthen the legislative protection under the Internetenvironment, which can improve well-known trademark rights, promoting theinterests of the people have better maintenance.The full text is divided into four parts besides the introduction and theconclusion, the first part mainly introduces the basic theory of the trademarkdilution, describes the forms of trademark dilution, and distinguishes the dilution oftrademark and trademark confusion; the second part introduces several concreteforms of trademark dilution in practice, and describes the identification standard oftrademark dilution, contribute to the court and the trademark rights of people toidentify behaviors can be regarded as the well-known trademark dilutionbehavior; the third part mainly introduces the legislation of foreign and internationaltreaty related to trademark dilution, to provide some suggestions forthe legislation of our country; the fourth part analyzes the China’s trademark antidilution protection present situation, problems and specific measures ofimprovement, also is the central part of the thesis.