The Legal Practice of Trademark Dilution Theory in Protecting Brand Value in China

Abstract

Trademark dilution theory aims to further develop and protect the trademark's own value and its new function, and to provide protection for well-known trademarks on non-identical or non-similar goods. Trademark dilution theory has not yet been systematically and clearly stipulated in Chinese trademark law, but it has increasingly become the basis for references and judgments in the cross-class protection of well-known trademarks. This paper explores and summarizes the novel function of trademarks in protecting brand value through the methods of literature research and theoretical study, citing the case of trademark right dispute between Hunan Yong He Food Co. and Beijing Byte Dance Technology Co. Ltd, as a case, the paper analyzes the design of legal rules to regulate the dilution in judicial practice. It is concluded that although the object of trademark dilution protection in China is relatively clear at present, which is limited to well-known trademarks, there are problems such as unclear boundaries between dilution and confusion, inconsistent determination standards, and generalized reasoning process of judges.