The Research Of "Adverse Effect" Of Trademark Law

At present,trademark has become an extremely important intangible asset of an enterprise,and the registration system also makes the trend of trademark application prevail.However,a large number of cases have been rejected for violating Article 10 Paragraph 1 Clause 8 of the trademark law(hereinafter referred to as the "adverse effect" clause),which has also triggered a wide discussion on this clause.The academic circle usually starts from the conflict between the principle of first application and the public interest.They can't agree on which interest is the priority,but ignore the research value of the clause.There are still many disputes on the understanding of the meaning and scope of the terms.Various cases show considerable contradictions,and the differences in standards often determine the fate of a symbol.In view of this,this paper chooses "MLGB" trademark case as the research object,and mainly studies the reasons for the application error of "adverse effect" clause,the nature of this clause,the relationship with public interests and the specific application rules of this clause,so as to provide a good paradigm to solve these problems.This paper adopts the methods of case analysis,literature analysis and comparative study.Focusing on the nature and judgment criteria,this paper puts forward its own suggestions on the correct application of this clause.This paper is divided into the following five parts.The first part is the introduction of "MLGB" case and the conclusion of the focus of dispute.The second part is from the "adverse effect" clause itself,summarizes the reason of difficulty of clause,points out that the clause is miscellaneous provision,also analyzed the specific content of the term contained in the public interest.The third part is the study on the judgment criteria.By summarizing the application status of specific cases,this part mainly studies the object,time,subject and other judgment criteria applicable to clauses and lists the applicable conditions.The fourth part briefly analyzes the balance between the principle of case review and the principle of consistency of review standards,whether to consider the subjective state of the applicant,and whether to consider the existing market order and other related issues that may occur in the application of the provisions.The fifth part is the conclusion.