The Research On Criteria Of Trademark Dilution In China

As one of the means to protect well-known trademarks,the anti-dilution protection of well-known trademarks has only one provision in China's judicial interpretation.The judicial interpretation just concerns the protection of well-known trademarks in civil dispute cases and can not cover all aspects of judicial practice.In2017,SPC released another judicial interpretation,which is concerning the trial of trademark right granting and verification cases,including the criteria of trademark dilution(i)the degree of inherent or acquired distinctiveness and the degree of recognition of the well-known trademark;(ii)the degree of similarity between the mark or trade name and the well-known trademark;(iii)the details of goods designed;(iv)the degree of overlap and attention of the relevant public;(v)the situation in which the trademark similar to quoted trademarks is legally used by other market entities or Other related factorsThis article hopes to research whether the criteria of trademark dilution applied in administrative cases are equally applicable to civil cases,and what criteria of trademark dilution is most suitable for China's judicial practice.This article is divided into four chapters,the contents are as follows:The first chapter is about the theoretical and legal basis of trade mark dilution.By reviewing the origin of dilution concept,this paper introduces the origin relationship between dilution and anti-unfair competition.Next,the paper combs the specific provisions of the United States,the European Union and China on the dilution of well-known trademarks,and comprehensively analyses these different legislations.In addition,the author briefly introduces the overall situation of screening cases,as well as the classification of samples and the reasons for screening.Chapter two analyses the dilution identification in civil cases.The first part introduces the diversity of trademark infringement in civil cases,and analyses the different expressions of subjective intention in American legislation and Chinese practice.The second part sums up two ways to identify dilution in civil cases.One isto classify the infringement of the defendant as "the advertised use of trademarks".The other is to identify dilution from three levels of understanding.The third chapter introduces the analysis of dilution identification in administrative cases.The first part studies the application and development of the three-level understanding in administrative cases,analyses the advantages and disadvantages of the three-level knowledge and its influence,and sums up the specific considerations of diluting the identification from the three-level knowledge and some other nature cases.It is also believed that the factors taken into account are also absorbed by the judicial interpretation in 2017.The second part is to analyze the specific use of the five factors of Article 13 in judicial practice.The forth chapter is the improvement of the recognition of dilution of well-known trademarks in China.This chapter is divided into two parts: The first part defines the dilution behavior through the characteristics of civil cases,and sums up the factors that determine the dilution in civil cases.In the second part,through the analysis of Article 13 of the Provisions on Authorization and Confirmation,combined with sample cases,the author summarizes and summarizes the factors of dilution in administrative cases.