Legal Philosophical Basis and Application of Trademark Dilution Theory

The theory of trademark dilution rises with the rise of the commending function of trademark. Baaed on significance in broad sense and theory of confusion(theory of association)in broad sence, it extends the protecting object of trademark right from the protection of discerning character to the protection of discerning character and commending character, it extends the field of protection from similar commodities and services to dissimilar ones and even to other fields beyond commodity and service. As compared with traditional theory of confusion and theory of pointless competition, theory of trademark dilution provides a much more perfect theoretical basis for the protection of famous trademarks.