Interpretation And Application Of Adverse Influence Clause In Trademark Registration

The emergence of the "WeChat" case has led to the discussion of the interpretation and application of the "adverse effects" clause.On the basis of the results of different judgments in the administrative and judicial stages, the author puts forward the typical controversy in the application of the "bad influence" clause in the first chapter of this article. The further argument limits the scope.In the second chapter, the author analyzes and evaluates the results of the "bad influence" clause by using the explanations of the meaning, the interpretation of the system, the interpretation of the law, the method of comparative interpretation, and the attempt to find a better method of interpretation.The third chapter mainly discusses the scope of the "bad influence" clause regulation. The article discusses whether the object is the trademark itself or the use of the trademark. The relationship between the clause and the adjustment of the public interest and the private interest is discussed. The choice of the review time node with the "adverse effect" of the trademark is analyzed.The author in the fourth chapter in the use of a large number of cases, the analysis of practice in a large number of "adverse effects"clause of the two types of cases: the name of others registered as a trademark and not for the purpose of a large number of registered trademarks of the situation. For the above two types of cases, I believe that the scope of the provisions should be limited.The last chapter summarizes the conclusions drawn in the first four chapters of the article and makes rationalization proposals for the application of the "adverse effects" clause in future restrictions.