Research On The Application Of "Adverse Effect" Clause In Trademark Registration

As one of the absolute reasons for the prohibition of trademark registration,the "adverse effect" clause in the trademark law of China has been in the revised version of the trademark law since 1982.But as a result of "bad" meaning clear,adjustment range is not clear enough,there are different opinions on how to apply the terms and conditions,during the early 2020 new crown pneumonia epidemic prevention and control in our country some applicants will "fire mountain" "thor mountain" "rhett west wei" "wen-liang li names such as" application for a registered trademark,academics and social public debate.In the current interpretation resources,the connotation and extension of "adverse effects" are difficult to be clear,some cases have caused considerable controversy,and there is even a tendency to expand the scope of application of "adverse effects".Because of this,the paper analyzes the basic problem "bad influence" for research,domestic and foreign legislation judicial experience and related practical cases,the "bad" terms and conditions applicable and perfect Suggestions,this paper consists of introduction,text,conclusion of three parts,the text includes four chapters,the chapter content is as follows.First chapter from the historical evolution of "bad" clause,reference to interpret the connotation of domestic interpretation resources,clear its connotation is "for some kinds of social public interests and public order of the negative,negative impact",from the definition of civil law in the public interest and the analysis of the relationship with the trademark law,the clear "bad influence" terms and conditions of the legislative purpose is to protect the social public interest,in the location problem,and academic point of view of anatomy,further clarify the positioning of the clause.Chapter ii applicable to foreign legislation and practice,traces the relevant international conventions,found the foreign legislation will "deceptive" clause and "public policy","" disgraceful consideration of clause does not have a similar " bad influence ",in judicial practice to deal with violation of the "public order","" disgraceful consideration such as the practice of the application for trademark registration has consistency,understanding the connotation of the terms is relatively uniform.The third chapter systematically sorts out the common application types of "adverse impact" clauses in China,selects several typical cases,investigates the application status of this clause,and summarizes the existing disputes in the application,laying a foundation for the reasonable application and improvement Suggestions.The fourth chapter discusses the application and improvement of "adverse effects" clauses,and puts forward Suggestions from the application principles and the construction of rules.In terms of specific rules,when judging whether the logo constitutes an "adverse effect",the system rules should be constructed from the meaning of the logo itself,other factors should be properly considered,comprehensive judgment should be made from the perspective of the general public on the whole,and specific factors should not be considered.