Research On The Type Of Judicial Application Of "Adverse Effect" Clause In Trademark Law

Article 10（1）（8）of the Trademark Law of China stipulates:provisions harmful to socialist morality or other adverse effects（hereinafter referred to as "adverse effects" provisions）.According to this provision,any trademark that is contrary to socialist morality and morality or has other adverse effects shall not be used.In recent years,the number of cases applying the "adverse effect" clause in trademark examination and judicial practice has increased significantly,and the courts at all levels have been divided on the application and understanding of the clause,and there are many disputes.Therefore,this paper analyzes the problems in the judicial application of the "adverse effect" clause in detail from the nature of the clause and the legislative process,combined with the results of domestic case decisions,and proposes suggestions for the judicial application of the clause through a typology of cases.The "adverse effect" clause of China’s Trademark Law has existed since the Trademark Administration Regulations formulated after the founding of New China,and after the formulation and amendment of the Trademark Law,this clause has been applied in a large number of judicial practices in China.Generally speaking,the court will mostly cite this provision as the legal basis when it encounters matters not clearly stipulated in the law in the process of hearing relevant cases.But it is undeniable that the limitations,lag,ambiguity and other shortcomings of the provision,resulting in the judicial process for the judgment and determination of the provision of many disputes,and even lead to the same or similar nature of the case appears "the same case different judgment" confusion,which will not only damage the judicial authority of the people’s courts,more likely to violate the In order to deepen the understanding of this provision,this article will briefly describe the nature of the "adverse effect" provision of China’s Trademark Law,the legislation of the "adverse effect" provision of the Trademark Law at home and abroad and relevant cases.Therefore,it is necessary to conduct a typological examination and analysis of the judicial application of this provision by citing and analyzing some representative cases involving political factors,moral and ethical factors,cultural factors and religious factors,and by adhering to the The court should gradually improve the legislative provisions of the "adverse effect" clause in China by adhering to the principle of prudence,clarifying the factors to be considered in the application of the "adverse effect" clause and improving the corresponding judicial interpretation,so as to regulate the judicial application of the clause in China and finally realize the fundamental purpose of regulating the use of trademarks.The fundamental purpose of regulating the use of trademarks.