The Orientational Research Of China’s Well-Known Trademark Anti Dilution Protective System

The dilution doctrine of Well-known trademark has been developing overseas for a long time. Its unique judgmental standard---which "do not based on the possibility of confusion"---provides a new way to solve misleading the public, the relevance weakening, the derogatory of well-known trademarks and other new types of infringement from the perspective of its huge goodwill as well as the significance. Meanwhile, the dilution doctrine gets its legislative support and practical development in developed countries, becoming a standard of trademark infringement independent of anti confusion protection. This fully shows the advantage of the dilution doctrine in making up the shortcoming of the tradition doctrine. However, the independent anti dilution protections need cooperating with a series of condition in order to play its very role in well-known trademark protection. Besides, the dilution doctrine still gets some disputes and differences worldwide, quite a few countries still holds the traditional anti confusion protections, expanding the meaning of confusion itself to cover the dilution problems. That’s the reason whether an independent anti dilution protection is adopted by our nation, or how much to improve the well-known trademark protection, requires a extreme combination of actual situations of our own. Since the accession to WTO of our country, the development of the well-known trademark have emerged new situations. Both the legislative, and judicial practice, indicates that the disputes of dilution have appeared. However, based on the basic situation of the well-known trademark in China, and sufficient argumentation, the author argues that not be immediately adopted the independent anti dilution protection. What’s more, under the condition that introducing is not allowed, the author gives advices and suggestions to solving the problem of "dilution disputes" existing nowadays and in the future.