法学外文翻译 外文文献 英文文献 浅谈驰名商标之淡化与反淡化.docx

1、法学外文翻译 外文文献 英文文献 浅谈驰名商标之淡化与反淡化法学外文翻译-浅谈驰名商标之淡化与反淡化目 录1 外文参考文献译文 22 外文参考文献原文 101外文参考文献译文the well-known trademarks and dilute anti-dilutedFirst, 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 p

2、rocedures that the trademark. Since the Paris Convention was first introduced 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,

3、or registered First, the first to ban others, and the other is to prohibit 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 t

4、o prohibit similar goods or services with the well-known trademarks for 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 ma

5、rk promotion of public awareness of related areas, logo merchandise sales 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

6、. Second, the well-known trademarks protected mode On the protection of 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 regi

7、stration or use of similar goods in non-use of the same or similar trademarks is permitted, the 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

8、register with the well-known trade marks and the use of the same or similar 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

9、. With, a valuable well-known trademarks have been more and more use of 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 t

10、he relative isolation. Not well-known trademarks such as cross-category 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 tr

11、ademark, the new commodities , Or the well-known trademarks of goods and 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 pr

12、otection of the public and well-known trademark owners interests. In view 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

13、a well-known trademarks is protectionism, which prohibits the use of any 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

14、 commodities or services are not similar goods or services, if not similar goods or services on the use of the trademark will be Suggest that the goods or services with the well-known trademarks on a link exists, so that the interests of all well-known trademarks may be impaired. Third, the well-kno

15、wn trademarks diluted The protection of trademark rights, there are 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 summa

16、ry, which is to ensure that the trademark can be identification, confirmation 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

17、the permission of the rights to use may cause confusion among consumers 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

18、the continuous improvement of the degree, well-known trademarks by the 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,

19、 and further symbol of product quality and credit, contains a more valuable 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 pr

20、oducers. 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

21、 Dilution (dilution), also known as trademark dilution, is one of trademark infringement theory. Watered down, according to the U.S. anti-federal trademark law dilute means regardless of well-known trade mark rights and the others between the existence of competition, or existence of confusion, misu

22、nderstanding or the possibility of deception, reduce and weaken the well-known trademarks Its goods or services and the identification of significant capacity of the act. In China, some scholars believe that refers to dilute or weaken gradually weakened consumer or the public will be trademarks of t

23、he commercial sources with a specific link between the ability. Trademark faded and that the main theory is that many market operators have Using well-known trademarks of the desire of others, engage in well-known trademarks should be to prevent others from using its own unique identification of spe

24、cial protection. 1927, Frank Si Kaite in the Harvard Law reviews wrote the first trademark dilute theory. He believes that people should not only be trademarks of others prohibit the use of the mark, he will compete in the commodity, and should prohibit the use of non-competitive goods on. He pointe

25、d out: the real role of trade marks, not distinguish between goods operators, but satisfied with the degree of difference between different commodities, so as to promote the continuous consumer purchase. From the basic function of trademarks, trade mark used in non-competitive goods, their satisfact

26、ion with regard to the distinction between the role of different commodities will be weakened and watered down. Trademarks of the more significant or unique, to the public the impression that the more deeply, that is, should be restricted to non-compete others in the use of goods or services. Since

27、then, the Intellectual Property Rights Branch of the American Bar Association Chairman Thomas E Si Kaite Smith on the theory made a further elaboration and development. He said: If the courts allow or laissez-faire Rolls Royce restaurants, Rolls-Royce cafeteria, Rolls-Royce pants, Rolls-Royce the ca

28、ndy, then not 10 years, Rolls-Royce trademark owners will no longer have the world well-known trademarks. Si Kaite in accordance with the theory of well-known trade marks have faded because of the effect of non-rights holders with well-known trademarks in the public mind the good image of well-known

29、 trademarks will be used in non-competitive goods, so as to gradually weaken or reduce the value of well-known trademarks, That is, by the well-known trademarks have credibility. Trademark tag is more significant or unique characteristics, which in the public mind the impression that the more deep,

30、more is the need for increased protection, to prevent the well-known trade marks and their specific goods was the link between the weakening or disappearance. In practice, trademarks diluted share a wide range of operating methods, such as: A well-known trademarks of others will still use as a trade

31、mark, not only in the use of the same, similar to the goods or services. For example, household appliances, Siemens trademark as its own production of the furnitures trademark. 2. To other peoples well-known trademarks as their corporate name of the component. Such as Haier trademark for the name of

32、 his restaurant. 3. To the well-known trademarks of others as the use of domain names. For example, watches trademark OMEGA registered the domain name for themselves (www.OMEGA.com). 4. To the well-known trademarks of others as a commodity and decorating use. 5. Will be others as well-known trade marks of goods or services using the common name. For example, Kodak interpreted as film, is a camera with photographic material, or film, also known as Kodak, This interpretation is also the mark of the water down. If the Kodak ig