The Definition Of Adverse Impact In Trademark Law

In recent years,the "adverse effects" clause has been frequently applied in trademark confirmation cases.More and more trademarks are forbidden to register and use because of "harmful to socialist moral customs or other adverse effects".The most common types of trademark confirmation include cultural,political and religious elements.However,due to the fuzziness of legislation and the lack of specific operational rules,there are some problems in judging adverse effects in practice,such as the scale of measurement is not uniform and the scope of application is difficult to determine.In the course of researching the adverse effects of trademark law,the author finds that the trademark bureau,the commercial judges and the courts at all levels all have the disorder of undertaking the "adverse effects" and escaping to the "general provisions",which is reflected in the following aspects: there is a deviation in understanding the concept of the "adverse effects" clause,and it is impossible to recognize the deep meaning of the provisions of the law,and then it is impossible to distinguish the "adverse effects".The boundaries with other relevant provisions have led to the uncontrolled expansion of the application of the object protected by the provisions,i.e.the public interest.In order not to make the "adverse effects" clause a "moral judgment tool" that oversteps the law,the author believes that it is necessary to study the clause and limit its applicable scope appropriately so as to embody the original intention of the legislator to make the rule.Understanding the meaning of "adverse effects" clause is the premise of exploring the scope of application.The author will find the basis for the restriction of the application of the clause from the purpose of setting up the clause by legislators,clearly define the rationality of the scope of adverse effects,and have a deeper understanding of the clause from the perspective of jurisprudence,so as to understand the position of the clause in trademark law.At the same time,in order to have a clearer understanding of the "adverse effects" clause,the current situation of its application is analyzed,and different types of cases are studied to understand the plight of its application in reality.After understanding the application of the "adverse effects" clause,it can be found that the seemingly similar cases,the trial results of different courts are quite different.After comparative thinking,the problems of legislative fuzzification and abuse of practice will naturally emerge.Starting from the purpose of the provision,the legislator understands the applicable principles of the scope of adverse effects,and through rigorous exploration and analysis,makes it possible to explore the legal application proposals of the "adverse effects" clause.How to restrict and define the scope of this clause in legislation and practice,and build a more complete rule system,is the only way to enable it to really play its role.