The Research On Adverse Impacts During Trademark Registration Stipulated In The Subparagraph 8 Of Paragraph 1 Of Article 10 Of The Trademark Law

Many experts have been arguing about the subparagraph 8 of paragraph 2 of article 10 of the Trademark Law for a long time.On April 20,2016,the WeChat trademark case was judged by the Municipal Higher Court,Beijing,which sparked heated debates.It is important to apply this clause appropriately because it is closely related to trademark registration system.The study aims to present the proper applicable standards based on the relevant laws,regulations,judicial interpretations,the convention,literatures and cases.After talking about the focus points of the WeChat trademark case,50 relevant cases from the Peking University Law Database are discussed.Although all the above cases have been the definitive fact,it is still necessary and significant to analyze whether the train of thought discovered from judgements is proper,which will help with summarize the more reasonable trial logic.As a conclusion,according to the judicial interpretation of the Supreme People's Court,adverse impacts shall only refer to the mark or constituent elements themselves producing negative influences on the public interest or order of our society.When the consumer is misled about the source of the commodity or service,it is incorrectly to affirm as adverse impacts.