A Case Study On The Review Of Trademark "Adverse Influence" Clauses

In recent years,we Chat has attracted attention to the "other adverse effects" clause.On the one hand,the concept of "other adverse effects" does not have a clear connotation,on the other hand,whether there is a negative impact involves the subjective judgment of human beings,and by the commercial judges or judges and jurors of a small number of individuals,to determine whether it will have adverse effects on the group.This has led to controversy in such cases.At the same time,trademark examination focuses on efficiency,and for the purpose of safeguarding the public interest,commercial judges tend to examine trademarks strictly,and the court's trial of such cases requires a balance of interests and a more prudent decision,which leads to sometimes disagreements between the administration of justice.This paper intends to combine the cases of recent years,from the objectivity of the adverse effects of trademarks,for the should not hinder the establishment of trademarks have adverse effects on the establishment of the situation.Since the existing papers discuss the case of the "adverse effects" clause being incorrectly applied in cases where other provisions should be adjusted,more emphasis was placed on situations where the "adverse effects" clause should not have been adjusted.By emphasizing the objectivity of adverse effects and combining case studies,this paper discusses the situationind situations in practice that can be mistaken for obstacles to the adverse effects of trademarks.The main content of this article is as follows:In the light of the existing legal provisions of our country,we make a brief introduction to the clause of adverse effects and its present situation,analyze the nature of the "adverse effect" clause,and emphasize its objectivity.The objectivity of adverse effects leads to some disputeresolutions in practice,and it is discussed in several ways how thecombination of a trademark with the goods and services identified by the "adverse effects" clause in the context of a case,whether the subjective idea of the applicant should be taken into account,and whether the use of the trademark and whether visibility will offset the adverse effects of the trademark.