Analysis of Broader Functions of Trade Mark Law

Abstract

In todays society, trademarks not only serve as indicators of the source of goods and services but also play various other roles, such as sales and advertising functions. Therefore, the function of trademark law to merely prevent consumer confusion is insufficient and poses risks to the development of trademarks in the market. The theories of association and dilution have emerged to address this issue, but there are still many doubts and misunderstandings surrounding them. This article first explores the other functions of trade mark law, specifically the emergence and content of the avoidance of association and dilution functions. The second part explains the necessity of the diverse functions of trademark law, emphasizing that the avoidance of association and dilution functions are crucial for protecting goodwill, safeguarding trademark uniqueness and value, and protecting the interests of merchants. The third part analyzes different regulations regarding the protection subject and dilution standards to determine the applicability of the diverse functions of trademark law across various countries. This analysis of the diverse functions of trademark law holds significant implications for the effectiveness of trademarks and the progress of trade mark law in legislation and judicial practices.