On Anti-dilution Protection Of Well-known Trademarks

With the continuous progress of social economy,the competition among operators becomes more and more fierce.In order to make their goods or services occupy an advantage in the relevant market,operators have to invest a lot of personnel,materials and money to operate trademarks,so as to improve the cognition of trademarks.The well-known trademark of an enterprise is not only the symbol of its reputation,but also the symbol of its value.Some operators try to steal well-known trademarks in the way of "using the fake to confuse the real",because their purpose is to make a profit,and other operators take the opportunity to borrow well-known trademarks from enterprises,which not only damages the personal interests of consumers,but also further reduces the profits of well-known trademarks and seriously reduces their reputation.For these practices of businesses,we should deal with them in combination with relevant laws.We should not only maintain the market order,pay attention to the legitimate rights and interests of customers,but also rectify the well-known trademarks of enterprises.However,in the traditional infringement cases,the well-known trademarks of enterprises can not be protected due to ineffective treatment.With the continuous improvement of the rule of law in China,the theory of anti dilution protection of well-known trademarks has naturally come into being.However,the anti dilution law of well-known trademarks in China is not perfect and specific,which can not meet the needs of trademark owners and is not conducive to stabilizing the market order.Therefore,China must strengthen the study of relevant laws in order to protect the normal use of trademarks.This paper has four parts except the introduction:The first part mainly describes the definition of well-known trademark dilution,leads to the necessity of anti dilution,expands the basic definition of dilution by analyzing dilution theory,forms of expression and identification standards,and introduces the basic principles of anti dilution,so that we can explore the necessity of anti dilution protection from multiple angles.The second part mainly aims at the current situation of the legislation research of the anti dilution theory of well-known trademark in our country,as well as the existing problems,and puts forward various views.The third part mainly describes the foreign legislative research and what enlightenment it has for our country.The fourth part mainly lists the specific measures of anti dilution: in order to strengthen the protection of well-known trademark registration,improve people’s awareness of the rule of law of anti dilution protection;from the legislative point of view,we can achieve the purpose of protection by establishing and improving the anti dilution protection system,and add the relevant content of dilution theory in the trademark law,so that enterprises should not only participate in the registration of trademarks It also requires them to participate in the registration of joint trademarks,clarify the way of infringement and the legal consequences that the infringer should bear,so that the infringement of well-known trademarks can be governed by law,and there will not be the problem that the legitimate rights and interests are not protected.In addition,we should further amend the legal system of dilution of well-known trademarks in the anti unfair competition law,so that all the infringement of well-known trademarks can be punished,and there will be no blind spot in the protection mechanism of well-known trademarks.