外文翻译----浅谈驰名商标之淡化与反淡化(编辑修改稿)

外文翻译----浅谈驰名商标之淡化与反淡化(编辑修改稿)内容摘要：

lknown trademarks。 Second, some way related to wellknown trademark dark。 Third is the indirect way so that consumers will distort trade mark goods for the general misunderstanding of the name. In general, can be diluted in the form summarized as follows: 1, weakening Weakening is a typical diluted form, also known as dark, is that others will have some visibility in the use of a trademark is not the same, similar to the goods or services, thereby weakening the mark with its original logo of goods or services The link between, weakening the mark was a significant and identifiable, thus bearing the trade mark by the damage caused by acts of goodwill. Weakening the mark of 7 recognition of the significant damage is serious, it can be the recognition of trademark dilution, was significant, or even make it pletely disappeared, then to the mark by carrying the reputation of devastating bat. First, the weakening of the identification is the weakening and lower. Any unauthorized person, others will have some visibility in the use of a trademark is not the same, similar to the goods or services, will reduce its recognition of. But consumers were referred to the mark, it may no longer think of first is the original goods or services, not only is the original or goods or services, consumers simply will not even think of goods or services, but the Trademark Dilution of goods Or services. There is no doubt that this marks the recognition of, is a heavy blow. Weakening of the mark is significantly weakened and the lower. Mark is significantly different from other mercial trademark marked characteristics. A certain wellknown trademarks, which in itself should be a very significant, very significant and can be quickly and other signs of its own separate. However, the Trademark Dilution of the same or similar trademarks used in different goods or services, so that was the trademark and other mercial marked difference in greatly reduced, to the detriment of its significant. Of course, regardless of the weakening of the mark was a significant or identifiable, are the ultimate impact of the mark by the bearer of goodwill. Because the trade mark is the carrier of goodwill, the mark of any major damage, the final performance for all bearing the trade mark by the goodwill of the damage. 2, tarnished Means others will have some wellknown trademarks in the use of the good reputation of the trademark will have to belittle, defaced role of the goods or services on the act. Contaminate the trademarks of others, is a distortion of trade marks to others, the use of the damage, not only reduced the value of the mark, even on such values were defaced. As tarnished reputation is a trademark of damage, so tarnished included in the diluted acts, is also relatively accepted view. Moreover, in the field of 8 trademark faded, tarnished than the weakening of the danger of even greater acts, the consequences are more serious. 3, degradation Degradation is due to improper use of trademarks, trade mark goods for the evolution of the mon name recognition and loss of function. Trademark Dilution degradation is the most serious kind. Degradation of the event, will pletely lose their identification marks, no longer has the distinction function as the mon name of the modity. Fourth, protection against dilute Based on the wellknown trademarks dilute the understanding, and acpanied by a serious weakening of wellknown trademarks, all countries are gradually legislation to provide for the wellknown trademarks to protect antidiluted. There are specific models: 1, the development of special antidilute the protection of wellknown trademarks The United States is taking this protection on behalf of the typical pattern. 1995, in order to prevent lower dilute the only representative of the public eye, the unique image of the trademark to protect the trademark value of advertising, the . Congress passed the National reunification of the antifederal trademark law watered down, so as to the wellknown trademarks All provide the unified and effective national antidilute the protection. . antidiluted in trademark protection has been added a new basis for litigation, which is different from the traditional basis of trademark infringement litigation. Trademark infringement of the criteria is confusing, the possibility of deception and misleading, and the Trademark Dilution criteria is unauthorized to others wellknown trademarks of the public to reduce the use of the trademark instructions for goods and services only and in particular of Feelings. It is clear that 9 the . law is antidiluted basis, business reputation damage and the possibility of wellknown trade mark was a significant weakening of the possibility of providing relief. Moreover, antifaded law does not require the application of petitive relations or the existence of possible confusion, which is more conducive to the exercise of trademark right to appeal. 2, through the AntiUnfair Competition Law Protection Some countries apply antiunfair petition law to protect famous trademarks from being watered down. Such as Greece, AntiUnfair Competition Law, the first one: Prohibition of the Use of wellknown trademarks in order to take advantage of different modities on the wellknown trademarks dilute its credibility was significant. Although some countries in the AntiUnfair Competition Law does not explicitly prohibits trademark faded, but the Trademark Dilution proceedings, the application of unfair petition litigation. 3, through or under wellknown trademark protection within the scope of trademark protection Most civil law countries is this way. 1991, the French Intellectual Property Code, Di Qijuan trademark law section of the provisions that: not in similar good。