A Study on the Examining Criterion of Trademark Review and Trademark Dilution

• Main Authors: Ju-Peng Huang, 黃如鵬
• Other Authors: Robert Lih-Torng Chen
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/77621559704400571434

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === Trademark is a crucial requirement to the competitiveness for each enterprise attempting to reach the world wide market places. Given the trademark application/ registration procedure is mostly territory doctrine and definitely varies from each country to another, it always causes such maverick corporation tremendous challenge to obtain its own trademark registration in the foreign countries, no thanks to those international branding enterprise always bring up even more difficulties to mavericks to stop them by blocking any trademark, in their opinion, is similar to theirs, get registered. This study, will focus on the three major market places, United States, Great China, and European Community, to discuss about their trademark prosecution procedure and, especially, the differences of the examine criterions of mark distinction, similarity, and the standard of evaluating "likelihood of confusion" between aforesaid areas. Then, this study will discuss the newly developing field in the trademark protection, the “Dilution Theory”, which breaks through the traditional trademark examine system of “likelihood of confusion” and provides enhanced protection to those well-known marks. This study will extend to the comparison research about those international treaties concerning trademark protections and the adoption of national trademark regulations to foregoing treaties. Lastly, this study will place the attention to the trademark system in new market places, mainland China, where the trademark regulatory and its practice are badly distorted. By reviewing the aforesaid distorted development tendency, such as the trend of “pursuing the well-known marks”, this study will come up with certain fruit and suggest about Taiwan’s trademark legislation framework and the examine criterion to direct them into right, reasonable, and international treaties comparable level.