Research On The Adverse Effect Clause Of Chinese Trademark Law

In the case of “WeChat” trademark dispute,The court of first instance based on “adverse effect” item”,if approve the application for trademark registration of Gen bo,it will undermine the stable perception that consumers have developed and get the consumers wrong.What is more,it will harm the interests of consumers.In turn,the sentence will not approve the registration of “Wechat” for the Gen bo company.The sentence raises the question of legal positioning and how to correctly apply the “adverse effect” provisions in the academic and practical circles.Around these two questions.The author study the case of “adverse effects” and find that in the judicial practice,the understanding and application of the “adverse effects”clause is more chaotic.This is mainly in the following two aspects,firstly,the “adverse effects”clause is applicable to the confusions of other relevant provisions.Secondly,the confusion about the legal implications of the “adverse effects” clause.For example,the location of the “adverse effects” clause is unknown.Confusions about the object of protection of the “adverse effect” clause.In other words,cognitive dissonance of the benefits of the “adverse effects” clause.For both of these problems,the article will start from the perspective of the system,text and legislative purpose of “adverse effects” and analysis it.And try to do that from the above analysis to find the basic principles that apply to the “adverse effects” clause.The first part of this article is the “Wechat “case,by briefly introducing the “Wechat”trademark case,and raise the question of the article.in other words,the “adverse effects” clause locates and how to apply accurately.The second part of this article summarizes the current situation and problem of the “adverse effect”clause.In the judicial practice,there is a problem of the chaos of the “adverse effect” clause and other relevant provisions and the issue of legal significance of the “adverse effect” clause.The relevant provisions mainly included article 32,the first paragraph of article 44,the seventh item in the first paragraph of article 10.The confusion of the legal implication of the “adverse effects”mainly reflected in that the location of the “adverse effects” clause is inaccurate and the benefits of the the provision are unknown.This is the third part of this article,I will resolve the “adverse effects”clause from the perspective of system interpretation,textual analysis,and legislative intent.Seeking to explore the legal position and value of the “adverse effects” clause.In my opinion,the “adverse effects” clause shall be a summary of article 10 of the first paragraph of the trademark law.The fourth part of this article is mainly about the basic principles that should be followed of the “adverse effects”.This section mainly from three angles to analyzes the basic principles that should be followed when applying the “adverse effects” clause.Firstly,starting from the trademark itself.Secondly,the main factors are perception of the general consumers.last but not in the least,we should base situation of trademark examination day.