Research On The Application Of Chinese Trademark Law, Art 10,section 1(8) And The Analysis Of The “We Chat” Trademark Administrative Case

Trademark system in the modern business environment plays a role in the application for registration of a trademark shall implement the approval system for the registration and use of non-sign the law expressly provided. Chinese Trademark Law, Art10,Section 1(8) of belonging can not be used as trade marks, commonly known as "adverse influences" clause, which has gone from the application of strict limit to shrink gradually expand even disordered applicable procedure there during the scope is not clear, applicable rules confusion and other issues, the provision applies error "micro-letters" trademark opposition review judgment in the case is a microcosm of the problems.Chinese Trademark Law, Art10,Section 1(8) reflects the Law to respect public order and morals, it was constructed with the other provisions of trademark law in the public interest in the maintenance of the system, but not contrary to the public interest should be involved in any of the terms of the regulation range, while " there are other adverse effects, " the statement is not clear, in the context of the law, it should be relatively fixed meaning. Therefore, an accurate understanding of the need in terms of location and nature of the legislative purpose and the terms of the case, the direction and principles applicable to grasp clearly the scope of application,building the applicable rules, in order to facilitate accurate application of the provisions, which is also the research direction.This paper is divided into four parts: The first part of the legislation from the perspective of Chinese Trademark Law, Art10,Section 1(8), and applicable provisions of the current situation was analyzed, proposed for the existing problems; the second part of the terms of the application of the causes as a logical starting point, were analyzed from the legal provisions of the reasons for the existence and meaning of the terms; the relationship between the third part from the nature of the terms of its specification and other terms between the terms of accurate positioning;fourth part for the application of the provisions put forward specific legislation applicable recommendations, including applicable principles, scope and applicable rules in order to facilitate the construction of an accurate grasp of the terms applicable.