Research On The Legal Regulations Of Well-know Trademark Anti-dilution

The era of knowledge economy has brought the rapid development of the trademark law, the protection of well-known trademark has become the priority.The development of economy makes people to choose well-known trademark with high reputation in selection of goods or service.Well-known trademark is a symbol of high quality and reputation, which contains profound values and brings enterprises huge intangible asset.The commercial value also triggered a new tort when creating wealth to the trademark holder.In order to use goodwill of the well-known trademark, competitors make use of all methods to dilute, which will damage the goodwill of well-know trademark and cause great economic losses to the trademark holder. Under such situation,how to break though the traditional theory of trademark protection, how to develop China’s Anti-dilution legislation though learning the theory of foreign countries and summarizing the experience of our country is a major issue for us.The dissertation can be divided into four chapters. The first chapter is the introduction, the second chapter summarizes the general situation of anti-dilution of well-known trademarks. Well-known trademark dilution refers to the activity to weaken the distinctiveness of well-known trademark, no matter there exist competitive relationship between competitors and trademark holders or possibility of confusion. Well-known trademarks dilution can be divided into three categories: blurring, vilifying and degeneracy. Blurring is interference of association,vilifying is to replace the previous positive association with negative association,degeneracy is the most serious damage, there will be no identification function then. The last part of this chapter talks about dilution legislation history of China and USA, the author hope to promote the development of China’s anti-dilution legislation combining with China’s national conditions.The third chapter analyze the behavior of dilution through theoretical way, and talk about well-known trademark, goodwill and distinctiveness. Only well-known trademark will be diluted, higher distinctiveness,the more damage will be got, competitors make use of well-know trademark’s goodwill to gain illegal value,so the protection well-known trademark is very important.The fourth chapter is suggestion of the anti-dilution legal construction,, we must first understand the necessity of trademark anti-dilution, we have no dilution legislation in China yet, but there has existed such activities, the judge also made use of the anti-dilution theory. At the same time,the complicated network environment brings dilution behavior to diversity. We should strengthen supervision deal with it rapidly. Finally, the author make suggestion to the anti-dilution legislation,with learning other countries’ experience and theory to build trademark dilution legislation mode in line with China’s national conditions.