Research On The Applicable Rules Of The "Other Adverse Effects" Clause In The Trademark Law

In recent years,the number of trademark applications has been increasing.Some business entities often do everything to attract attention or self-interest.However,they do not know that it may violate the "bottom line" of the trademark law,which needs to be checked and managed through administrative and judicial procedures,but in the process,special attention should be paid to moderation and rationality.In the administrative cases of granting and affirming trademark rights in China,both the relative prohibition and the absolute prohibition are the basis of the court’s discretion.As one of the absolute prohibitions of trademark,"other adverse effects" plays an important role in trademark law.This provision stipulates in Item(8)of Paragraph 1 of Article 10 of the Trademark Law of the People’s Republic of China(hereinafter referred to as the "Trademark Law")that "Signs that are detrimental to socialist morality or have other adverse effects shall not be used as trademarks[2].The choice to study the applicable rules of this clause is not only because of the large number of cases involving this clause,but also because the vague and broad expression of the clause makes it difficult to understand and apply it.At present,there are still many disputes in the theoretical and practical circles about the legal positioning and application standards of this clause.In the process of trademark authorization,the administrative department and judicial organs also have problems such as the wide scope of application and confusion of the clause,which are worthy of attention.In the introduction,this article first explains the research background and significance,gives an overview of the legislative and judicial aspects of the provisions similar to the "other adverse effects" clauses at home and abroad,and points out the research methods,innovations and shortcomings of this article.Subsequently,starting from the theoretical dispute of the article,starting from the perspective of the theory of civil legal acts,focusing on the relationship between the "adverse other impact" clause and the public interest and public order and good customs in the trademark law,the connotation and extension of the clause were clarified through theoretical research,and the legislative purpose behind it,the legal benefits and the protection and the response The guiding principles for reference.On the basis of the above,through the analysis of 50 cases in the past 10 years with the application of the "other adverse effects" clause as the core,this article finds the current situation and existing problems of the application of the clause in the judicial and quasi-judicial fields,and analyzes it in combination with individual cases.Finally,in view of the legal application problems arising from the practical application of this clause,a set of systematic response suggestions is given and the aspects that need to be focused on in the application are pointed out.The solutions of typological problems involving culture,politics,religion,etc.are also analyzed separately,with a view to forming a set of more objective and consistency.The judgment method and clarify the applicable rules of this article.The characteristics of the "other adverse effects" clause determine that the improvement of the clause needs to go through a process of repeated discussion and polishing at present and for a long time thereafter.This clause reflects the balance between private rights and public interests of trademark law,and its research is conducive to exploring the value balance and beauty of intellectual property legislation and the wisdom of others.Only by continuously examining the problems existing in the application in the context of the new era can we promote a more comprehensive understanding of the normative meaning of "adverse impact",so that we can play the role of this clause more reasonably and with maximum value.