Trademark Registration Adverse Effect" Clause Applicable Problem Research

The"adverse effect"clause provides for Article 10,paragraph 1(8)of the current Trademark Law,if a logo has"harmful to socialist morality or other adverse effect",it can't be used as a trademark.The application of this clause in real life has extremely high uncertainty and inconsistency.Therefore,the author focuses on interpreting the"adverse effect"clause from multiple angles and looking up the typical case of relevant"adverse effect" clause.Finally,the proposal to rationally apply the clause is proposed.The body of this paper consists of five parts.The first part mainly interprets the"adverse effect"clause in the Trademark Law from the meaning and qualitative aspects,incorporating the characteristics of the exemplary regulations,the interpretation of relevant domestic laws,international conventions and other relevant provisions of the country to explore the meaning of the clause.There are different views on the qualitative nature of the clause.In order to clarify the qualitative nature of the clause,the author dissects different views.The"adverse effect"is only the bottom of Article 10,paragraph 1(8),which is only the bottom of the situation of violating the socialist moral trend,and more reflects the"public order and good customs"in the civil law.The second and third parts of the paper examine the typical dilemmas in the application of the clause by combing and summarizing the typical cases in which the"adverse effect"clause is applied.In particular,there is considerable controversy over whether the criteria for judging the adverse effect mark and the application of the corresponding provisions.The in-depth analysis of the problem helps to explore a more rational approach.The fourth part mainly explores why the"adverse effect"clause is mixed and abused from the perspective of cause.The fifth part focuses on the basic thinking of rational application of this clause,as well as the factors that need to be considered when applying the clause,including whether the logo or component itself,whether it is necessary to examine the use of the logo in the specified category of goods or services,the subject of the determination,judgment the time,judgment results,subjective state,reputation of the logo,registration in other countries,facts about other applicant registrations related to the applicant,etc.It is necessary to carefully sort out and distinguish the relationship between the"adverse effect"clause and the relevant clause in order to apply more rationally.