外文翻译----浅谈驰名商标之淡化与反淡化

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1、 1 1 外文参考文献译文 the well-known trademarks and dilute anti-diluted First, well-known trademarks Summary Well-known trademarks is a long-term use, in the market enjoy a high reputation, known for the relevant public and by certain procedures that the trademark. Since the Paris Convention was first intro

2、duced the concept of well-known trademarks, the well-known trademarks for special protection legislation has become the world trend. Paris Convention stipulates: all of the members were identified as the well-known trade marks, or registered First, the first to ban others, and the other is to prohib

3、it the use of others with identical or similar logo. Trips further provides: 1, the Paris Convention for the special protection and extension of the services of well-known trademarks, 2, the scope of protection does not extend to prohibit similar goods or services with the well-known trademarks for

4、use on the same or similar logo, 3, on how to That a well-known trademarks in principle a simple requirement. National legislation on the practice, the well-known trade marks that standards vary, often based on specific trade mark promotion of public awareness of related areas, logo merchandise sale

5、s and the scope of national interests, and other factors identified. From an international treaty to protect the well-known trademarks mind, that well-known trade marks and protection of well-known trade marks are closely linked. Second, the well-known trademarks protected mode On the protection of

6、the main trademarks of relative and absolute protectionism two models. The former refers to ban others with well-known trademarks identical or similar trademark with the trademark owner the same or similar industries in the registration or use of similar goods in non-use of the same or similar trade

7、marks is permitted, the 2 Paris Convention That is, relative to protectionism. While the latter refers to ban others in any industry, including the well-known trade mark goods with different or similar to those in the industry to register with the well-known trade marks and the use of the same or si

8、milar trademarks, TRIPS agreement that is taken by the expansion of the absolute protectionism. In simple economic form, as specified by the trade mark goods at a single, specific trade mark goods and the link between more closely. With, a valuable well-known trademarks have been more and more use o

9、f different types of commodities, which are among the types of goods on the property may be totally different, in a trademark associated with the commodity groups and the relative weakening of trade marks Commodity producers and the relative isolation. Not well-known trademarks such as cross-categor

10、y protection and allow others to register, even if the goods obvious differences, the public will still be in the new goods and reputable well-known trademarks to establish a link between people that the goods may be well-known trademark, the new commodities , Or the well-known trademarks of goods a

11、nd people between the existence of a legal, organizational or business association, thus leading to the misuse of consumers purchase. The rapid development of the commodity today, the relative protectionism has not improved the protection of the public and well-known trademark owners interests. In v

12、iew of this, in order to effectively prevent the reputation of well-known trademarks, and the identification of significant features and advertising value by the improper use of the damage, many countries on the implementation of a well-known trademarks is protectionism, which prohibits the use of a

13、ny products on the same or with the well-known trademarks Similar to the trademark. TRIPS Agreement Article 16, paragraph 3 states: Paris Convention 1967 text, in principle, applicable to the well-known trademarks and logos of the commodities or services are not similar goods or services, if not sim

14、ilar goods or services on the use of the trademark will be Suggest that the goods or services with the well-known 3 trademarks on a link exists, so that the interests of all well-known trademarks may be impaired. Third, the well-known trademarks diluted The protection of trademark rights, there are

15、mainly two: one for the confusion theory, a theory for desalination. The main traditional trademark protection for trade marks the difference between functional design, and its theoretical basis for the theory of confusion. In summary, which is to ensure that the trademark can be identification, con

16、firmation and different goods or services different from the significant features, to avoid confusion, deception and E Wu, the law gives first use of a person or persons registered with exclusive rights, which prohibits any Without the permission of the rights to use may cause confusion among consum

17、ers in the same or similar trademarks. Clearly, the traditional concept of trademark protection, to stop the possibility of confusion is the core of trademark protection. With the socio-economic development and commercialization of the continuous improvement of the degree, well-known trademarks by t

18、he enormous implication for the growing commercial value have attracted the attention of people. Compared with ordinary marks, bearing well-known trademarks by the significance and meaning beyond the trademark rights to the general, and further symbol of product quality and credit, contains a more v

19、aluable business assets - goodwill. Well-known trade mark rights of people to use its excellent reputation of leading the way in the purchasing power, instead of the use of trademarks to distinguish between different products and producers. When the mark beyond the role of this feature to avoid confusion, then, this factor is obviously confused and can not cover everything, and other factors become as important as or more important. Thus, in theory confusion on the basis of further development of desalination theory. Trademark Dilution (dilution), also known as trademark dilution, is one of