Analysis On The Legal Issues Of Trademark Dilution

Trademark dilution is a basic theoretical problem related to trademark infringement and one of the practical problems related to trademark right relief.Trademark dilution theory,from the thirties of the last century has been under way in the western developed countries,after nearly one hundred years of development,has made a series of theory and practice of the major breakthrough,but because of its development is not long,in the content of the trademark dilution,type,and the details of the problems such as the standard,still exist a lot of room to improve.China's law does not stipulate the dilution of trademarks,but only in the expanded protection of well-known trademarks,involving some provisions on international trademark dilution.But as the prosperity of market economy in our country,our country judicial practice infringement trademark rights behavior grows,the interests of the trademark infringement of trademark rights people behave more hidden,the expansion of well-known trademark protection rules and regulations concerning the protection of the trademark in the anti-unfair competition law,cannot completely solve the question on trademark infringement in judicial practice at present in our country,the traditional trademark infringement behavior theory has not completely meet the demand of judicial practice at present in our country.Although the judge in the judicial practice using trademark dilution reason has become a common phenomenon,and even some individual cases directly using the trademark dilution theory for judgment,but due to the shortage of the legislation,causes the applicable law in the judicial practice seem to be stretched,the judge's reasoning is logical because of traditional trademark infringement theory in the chaos,the reason is not clear.The trademark infringement dispute case between "Lao gan ma" and guizhouyonghong company selected in this paper is a case in which appropriate applicable laws cannot be found under the existing trademark infringement legal system.The first chapter introduces the basic facts of the case,the focus of the dispute and the irrationality of the court in the judgment of the case.The second chapter introduces the concept,origin and types of trademark desalination and the introduction and development of trademark desalination in China.The third chapter through the legal analysis of the case,stripping cocoon,on the trademark desalination application of the premise,components,standards,and the reasonable use of the boundaries and the relationship with unfair competition and other aspects of the interpretation,and then reflects the current legal construction of trademark desalination is necessary and urgent;On the basis of the legal analysis in the previous chapter,the fourth chapter puts forward some Suggestions on improving the theory and legislation of trademark desalination in China,hoping to provide useful reference for the development of the theory and legislation of trademark desalination in China.