Trade Mark Dilution in the UK and EU Law： A Critical Analysis of Its Social and Legal Effects on th.docVIP

Trade Mark Dilution in the UK and EU Law： A Critical Analysis of Its Social and Legal Effects on th 　　Introduction：The doctrine of trade mark dilution can be explained as a special form of protection for the well-known trade mark when the circumstance is eligible for certain conditions. The exception is that its relative ground for refusing registration and infringement does not require the likelihood of confusion. In the European Union （EU）， to protect the distinctiveness and reputation for a trade mark is deemed as the object and purpose of anti-dilution law. And the UK Trade Mark Act continues and inherits the EU trade mark legal system. Furthermore， the rationale of the concept of dilution is derived form the function of trade mark in the light of Schechter’s theory， where the uniqueness or singularity of the trade mark was highlighted via introducing the advertising or communication function. 　　D923.43 　　Despite Schechter holds that such protection for the uniqueness or singularity should be extended to both related and non-related goods， the wording of EU Directive seems only to provide protection on the dissimilar goods or services. While the interpretation of the European Court of Justice （ECJ） expands its literal meaning to incorporate the identical or similar goods or services， however， which constantly suffers from criticisms. 　　Moreover， there are nearly four significant factors to judge the use of similar marks as dilution： the earlier trade mark with a reputation， three types of injury， establishing a link， as well as without due cause. The injury is made up with tarnishment， blurring and ‘taking unfair advantage’， among which the last one is the main distinction from the United States legislation. It is of danger that excessive loose standards of unfair advantage would cause monopoly and unfair competition. On account of the puzzling theoretical foundation and judicial interpretations， it inevitably gives rise to profound effects on the society an