The Improvement Of The Antidilution Protection Mode

Trademarks are representative of goods or services,and they can distinguish different goods or services.With the development of the market economy,trademarks are becoming more and more important.Therefore,the"confusion theory",on the basis of distinguishing trademarks gets into trouble.If there is protection only when there is confusion,there will be loopholes in protection.The traditional confusion theory is based on the existence of confusion.Because of the fine quality,reputed trademarks won't confuse the ordinary consumers.If we still hold the traditional view that confusion means trademark infringement,then,the trademark holders are very difficult to be protected by laws.Therefore,the well-known trademark anti-dilution protection mode arises at the historic moment.It compensates for loopholes in the original trademark protection system and provides more comprehensive protection for well-known trademarks.Some developed countries such as Europe and the United States,has paid attention to this institution,which is reflected in their legislation.In China,although this system isn't concluded in the legislation,it is frequently appeared in judicial practice.This status quo means that China has problems with the application of the system.This is the significance of this paper to explore the improvement of the anti-dilution protection mode.This article is divided into four parts.The first part elaborates the principle of the trademark protection system,that is anti-dilution protection of well-known trademarks enhance the distinctiveness of trademark,expand the scope of protection for well-known trademarks,and safeguard the fair and just market competition order.The conclusion is based on the case of "Laoganma"in Nanming,Guiyang province,which explains the definition of downplaying well-known trademark.The second part analyzes the different situation of international and domestic legislation,and explores the starting point and effective measures for completing the anti-dilution protection system.In order to more clearly explain the problem of this system in China,the third part points out the confusion theory and the dilution theory,and also points that many problems are caused by unclear theoretical definition of these two system.The fourth part provides some advice for the existing problems in China.First,clarify the legislation on anti-dilution protection;Second,define the scope of cross-category protection;Third,establish anti-dilution protectionsystem,which based on trademark law,anti-monopoly law and anti-unfair competition law;Finally,form a unified and effective communication and trial mechanism to overcome the difficulties in judicial practice.