Research On The Application Of The "Adverse Effects" Provisions In The Trademark Law

China implements a registration protection system for trademarks,and the law has express provisions for both registerable and unregisterable trademarks.Article 10,paragraph 1(8)of the Trademark Law is a provision on the prohibition of trademark registration,commonly known as the “adverse effect” clause.The “adverse effect”clause is a widely applicable trademark prohibition prohibition clause.In practice,the “adverse effects” of trademarks are mainly reflected in culture,politics,and religion.Because “adverse effects” is a vaguely used term,trademark examiners and judicial adjudicators have misunderstood their connotations and extensions,which makes it difficult to form uniform measurement standards and applicable standards in practice.Based on 200 judicial judgment documents,this article analyzes the common problems in the application of the “adverse impact” clause to clarify the meaning and scope of the clause,and attempts to summarize the general rules that the clause should apply to.This article is divided into four parts.The first part is the introduction,explaining the background of the topic selection,proposing that this article wants to solve the problem,combing the current status of domestic and foreign research through a literature review and making a summary;the second part combs the current status of judicial application of the “adverse impact” clauses and summarizes its practice The common problems in the application and analysis based on the case;the third part expounds the meaning of the “adverse effect” clause,clarifies its meaning,clarifies its connotation and extension;the fourth part aims at the clause in practice.If there are difficulties in applying the law,corresponding countermeasures or suggestions are proposed to clarify the applicable rules of the clause.