浅议商标淡化理论在我国的适用

商标反淡化保护是当前国际法律趋势,我国在立法和司法实践中也对商标淡化理论有所涉及。但由于我国商标淡化理论发展较晚,目前仍未建立起完整体系,现有规定在适用中也存在如保护范围过小,认定标准不合理,例外情形缺失等诸多问题。

On Application of Trademark Dilution Theory in China

Trademark anti-dilution protection is the current international legal trend,trademark dilution theory is also involved in the legislation and judicial practice in our country. But because trademark dilution theory is developed lately in China,nowadays,the complete system has not been established in our nation. There are also problems in the present provisions of application such as small scope in protection,unreasonable standard and exceptions deletion and so on. In view of the current trademark dilution in China and the EU,USA application,some suggestions to improve our trademark dilution system will be put forward as references.