Study On Adverse Effect Trademark Law

The first instance verdict of “weixin” aroused a lot of discussions about the “Trademark Law” Article 10,paragraph 1,item8-the so called “adverseitem”,according to which the following signs may not be used as trademarks:Signs detrimental to socialist morality or mores or having any other adverse effect.Trademark officeand the Supreme People’s Court introduce some regulations about this item,however,there are divergences among Trademark Appeal Board, court and Trademark Office.This article analyze the cases which applicable to the “adverse item”and try to solve the following questions :first of all,the location of “adverse item”,which means whether the item is the save clause or the illustrated plus summed terms. Secondly,the object of the “adverse item”,that is,whether the consumer confusion about the resource of the product belong to the object of the “adverse item”. Lastly,the judgment and effectiveness issue about the “adverse effect”.For these three problems,my paper is divided into three chapters.The first chapter analyze the location of “adverse item”,go in detail,whether the item is the save clause or the illustrated plus summed terms.By analyzing the legislative purpose of the “adverse item”,I think the item is save clause.The second chapter is about the object of the “adverse item”.this part is the focus of this article,and is also the most misunderstood occurrences practice.through the first chapter,we can learn that the “adverse item”is save clause,and it regulates the content of public order and good morals, not merely the things which is likely “socialist morality”.This chapter is about the specific content of public order and morals.Does the content include the damages caused by purchase mi-identification and hurt the consumer’s interests.This chapter summarizes judicial practice applicable to “adverse item”and analyze situations applicable to “adverse item”,besides,this chapter analyze boundaries applicable to other similar provisions,at last,this chapter analyze the specific contents of public order and good custom.After the second chapter,the third chapter analyzes the judgment of adverse effect,that is,what has an adverse effect on public order and good morals,the mark itself or the use of the mark.Another problem which this chapter is trying to solve is that as “adverse item” is an absolute prohibition,does it prohibit the use of all market players? In my opinion,when we determine whether a mark has an “adverse effect”,we should combined the mark with application of product categories. When some mark has an “adverse effect”,all market player cannot apply this mark to this product category for trademark.