The Application Dilemma and Perfection of Trademark Dilution Theory

Abstract

The theory of trademark dilution originated in German courts and was gradually adopted by American legislation in the process of practice. The birth of desalination theory also reflects the value pursued by law. Although China has not clarified the theory of trademark dilution, some courts have applied the trademark dilution theory in the process of handling actual cases. As the provisions of the trademark dilution theory are too abstract, without clear concepts and identification criteria, there are large differences in the legal application of "trademark dilution" in judicial practice. And in the actual application process, the application of relevant provisions still exists ambiguity. By analyzing the case of anti-dilution protection of Jinritoutiao, a well-known trademark registered in China, this paper draws out the problems existing in the current environment of application of trademark dilution theory. Using the methods of case analysis and normative research, this paper analyzes the defects of trademark dilution theory and its application, and gives corresponding improvement measures.