The Applicable Rules Of The “Other Bad Effects” Clause Of The Trademark Law

With the rapid development of economy and science and technology,our country is paying more and more attention to the registration and protection of trademark.In recent years,there are many cases of conflict of rights in the process of trademark registration,such as malicious forestall trademark behavior,celebrity name registration behavior and so on.At present,China’s trademark laws and regulations are not perfect,judicial practice of such acts of the legal definition of different.The administrative ruling made by the Trademark Review and Adjudication Board is different from that of the court.The decision of the court and court in the same case is different.There are many cases similar to the verdict is different phenomenon.The dispute focused on the application of the ‘other adverse effects’ clause of the Trademark Law.The mark of ‘other adverse effects’ shall not be used as a trademark according to ‘Trademark Law’Article 10,paragraph 1,item8 so called "Adverse effects" clause.But there is no definite explanation for the ‘bad influence’.This concept is too abstract,it is not a legal term,nor is it a clear connotation of the legal concept.In judicial practice,it is difficult to apply,and the understanding of it is different,which directly leads to the difference of the judicial trial results.From the perspective of ‘trademark case of WeChat’,‘trademark case of Deng Yaping’ and ‘trademark case of Li Xiaolong’,we can conclude that the ‘adverse effects’ clause is not a universal clause which covers all prohibited items.It is the absolute reason for prohibiting trademark registration and use.It reveal all the details of the reason that trademark shall not prohibit registered.The clause can not be narrowly defined and can not be unlimited expansion.The legal interest of protection is the public interest and public order of society.The provisions of this article shall apply to the damage to the public interest and public order of the political,economic,cultural,religious and ethnic groups as well as the elements of the logo itself.If the trademark infringes upon the civil rights and interests of the individual,it should be regulated by the relative reasons of protecting individual rights and interests.In order to regulate the application of trademark registration,it is necessary for us to clarify the application of the provisions of the ideas and considerations.It is necessary to eliminate the differences in the judicial practice by perfecting the relevant judicial interpretation and so on,so as to ensure the scientific application of the ‘adverse effects’ clause.