Analysis On The Application Of "Adverse Effects" Of Trademark Law

In recent years,there has been an endless stream of cases of right conflicts ari sing from the process of trademark registration.The controversy is mainly about th e application of the "adverse effects" clause.After analyzing it,it can be found tha t the clause is not a submission clause.It is not the bottom of the tenth section of the trademark law,nor is it regarded as the bottom of item(eight).It is tied to th e "harmful to socialist morality".The legislative purpose of item(eight)of the trad emark law is to protect the public order and good customs,which includes not onl y the symbol itself and the constituent elements,but also the use of the trademark.If the logo may harm public order and good morals,it will be applied only when it has a negative effect on the relevant public.If the logo only damages the speci fic civil rights and interests,the trademark law will be adjusted by another legal no rm.After the analysis of the basic contents,such as the nature,the scope of applic ation and the applicable objects of the "adverse effects" clause,it is necessary to u nderstand the judicial application of this clause in practice and find out the applica ble differences.Specifically,the following ideas will be developed in this paper.First of all,the first part of the article is the accurate interpretation of the "ba d influence" clause,which is divided into three parts.In the first part,the article e xplores the legislative aspects of the "bad influence" clause,and analyzes the legisla tive purpose and Legislative Research of the clause.The second part of the "bad in fluence" clause is correctly positioned,mainly for the applicable object,nature,effe ctiveness and benchmark.The third part is to clarify the applicable boundary which is easily confused with other provisions in application.Secondly,the second part of the article carries out a practical investigation of t he most important "adverse effects" clause in judicial practice.This part is divided into three parts.The first part expounds the significance of this practical investigati on,that is,the premise of this thesis' s research.The second part examines the application status of the "adverse effects" clause,including its application types,judicial application ideas and findings.The last part points out the difficulties and causes of the application.Finally,according to the outstanding problems in the above investigation results,the suggestions are put forward from the applicable legal norms,the applicable su bject aspects and the applicable rules.