Protection Against Trademark Dilution

The purpose of this work is to determine the formulation of the attenuation (erosion) of the trademark and identification of means to counter the weakening (erosion) of the trademark, available in the Russian Federation. The main objectives are: 1) the definition of a trade mark functions and rights granted by the owner of the trademark; 2) Analysis of research, legislation and practices to mitigate (erosion) of the trademark; 3) formulation of definitions and signs of abating (erosion) of the trademark; 4) Consideration of the institute well-known trademark, protection against unfair competition and the challenge of the Institute of legal protection to a trademark as a means to combat the weakening of a trademark; The result of the conclusion of the execution of a trademark of additional functions at the present stage, with the result that there are rights holders, aimed at preventing loosening (erosion) of the trademark. The analysis of the doctrine, foreign legislation and judicial practice have been identified six signs of abating (erosion) of the trademark, as well as a definition of this legal phenomenon. Also, types of trademark dilution were observed, and the limits of legal regulation, to balance the interests of rights holders, consumers and third parties. On the basis of the study of law and practice of the Russian Federation, it was found that in Russia there are separate funds counteract weakening (erosion) of the trademark.