An Empirical Study Of The "Adverse Effects" Clause Of The Trademark Law

The academic community has always been divided on the nature and scope of the "adverse influence" clause in trademark law,and the courts have not applied and understood the clause inconsistently.This article takes the legal provisions as the starting point,analyzes the meaning of the "adverse impact" clause from multiple perspectives,and based on the court's judgment,summarizes the types of cases involving the "adverse impact" clause,and the courts' consideration in applying the clause at their discretion Jurisprudence and standards.This article is composed of three parts: introduction,main text,and conclusion.The introduction part elaborates on the research background,the questioning,the value and significance of the research,literature review,research methods,research innovation,and limitations.The body consists of three parts.The first part is about the normative connotation and relationship of the "adverse influence" clause.Starting from the dictionary definition,the meaning of relevant articles,the meaning of relevant international conventions,and the relevant provisions of foreign law,this article analyzes the meaning of "adverse influence" norms and the bottom line of which.The second part is based on relevant judgments,and conducts empirical research of type.The third part summarizes the court's understanding and application model of the “adverse impact” clause: first,the “adverse impact” clause isinterpreted as the bottom clause of Article 10,paragraph 1,of the Trademark Law;second,it examines Possibility;again,use the semantic interpretation to examine the public's understanding of the relevant words;finally,to fully realize the legislative purpose,check whether it is consistent with the core values of socialism.In the concluding part,the concept of "adverse effect" was redefined based on existing research.