Discussion On The Limits Of Anti-dilution Protection Of Well-known Trademarks

With the rapid development of market economy,the degree of commercialization has also deepened.More and more sales channels and communication platforms have been established.As a symbol of goods and services,trademarks play a decisive role.In particular,the commercial value of well-known trademarks is even greater and attracts much attention.It is a well-known commercial mark for consumers,one of the most important intangible assets of trademark owners and also the level sought by other operators in the market.In order to better protect this highly significant symbol,anti-dilution protection of well-known trademarks has appeared in many countries.There are also legislative and judicial precedents.Although their forms are different,their fundamental goal is to protect the basic functions and expansion of well-known trademarks Property features such as advertising features.However,anti-dilution protection of well-known trademarks is an expansive or breakthrough protection.Compared with the traditional trademark infringement,anti-dilution protection focuses more on the protection of different or dissimilar goods or service categories and has broader coverage.The interests of consumers,the interests of other operators,market order and other public interests are the same as those of trademark owners.The expansion of the interests of trademark holders means that the public domain has been reduced in space.To some extent,this is necessary because well-known marks have value and theoretical legitimacy.However,it is also necessary to guard against the inappropriate expansion of this scope,prevent abuse of the rights of trademark holders,prevent the public's freedom of speech from being hindered,and more importantly,safeguard the good order in markets and prevent the well-known trademark owners from monopolizing symbols.The necessity of the anti-dilution system of well-known trademarks is also questioned not only in our country but also in other countries.We believe that the theory of trademark confusion can already be dealt with.However,through the analysis of these two forms of infringement,there are many differences in the modes of infringement,the objects of protection and the components of infringement.Despite the expansion of the theory of confusion,the scope of the trademark confusion system cannot cover the absence of confusion.Trademark dilution system has its own independent value,which has also been more and more countries and regions recognized.Therefore,defining the scope of anti-dilution protection of well-known trademarks has become the top priority in the field of trademark rights of all countries.Our country belongs to the trademark rights after the country,but has also made a response to the economic effect brought by well-known trademarks.But this is obviously not enough.Desalination of well-known trademarks has become a kind of independent trademark infringement that is confused with trademarks.Only a few words in the trademark law cannot match the value of cross-class protection of well-known trademarks.If this right is handed over to judges,Will result in the judge's discretionary power too large,making the protection of well-known trademarks in an uncertain state.Under such circumstances,it is necessary to analyze the trademark dilution system in other countries,especially in the United States,learn from it and find a breakthrough in legislation and judicature.On the one hand,starting from the components of anti-dilution protection of well-known trademarks,it is possible to apply the desalination system by defining what conditions are satisfied within itself.On the other hand,it imposes restrictions on the outside world,stipulating which behaviors cannot be protected,restricting them from the source and the use process,and preventing the unlimited expansion of well-known trademark protection.Only in this way can we better balance the interests of well-known trademark owners,consumers and other operators so that the trademark dilution system can develop healthily.