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Academic Journal of Humanities & Social Sciences, 2021, 4(4); doi: 10.25236/AJHSS.2021.040408.

Study on the Application of "Adverse Effect Clause" in Trademark Law


Zhu Xiaoyao

Corresponding Author:
Zhu Xiaoyao

Anhui University of Finance and Economics, Bengbu, 233030, Anhui, China


With the economic development, the country pays more attention to the intellectual property, People's understanding of the trademark law is more and more, the provisions on the adverse effects in the trademark law are also more discussed. The "adverse effects clause" is the "Trademark Law" Article 10, paragraph 1(8). Because there is no clear understanding and positioning of the meaning of the "adverse effects clause" in the academic circle at present, in some cases of suspected "adverse effects" of trademarks, there is a great dispute about whether the "bad effect clause" or the "prior right clause" should be applied to the "large-scale malicious pre-registration" act, it leads to some problems in judicial practice, such as different scales, unclear standards and extended application of the clause. It is necessary for us to further define the connotation and extension of "adverse effects”, and to make clear the restrictions on its application. For example, the consideration of "adverse effects" in the "adverse effects" clause should be limited to the scope of the trademark mark itself and its constituent elements, and in the practical application should also consider the types of goods and services and the use of the main, at the same time this article can only be applied to social welfare. In addition, we can also judge the trademark examination day as the "adverse effects" of the time node to make further restrictions.


"Adverse Effects" Clause; Limitation of Application; Determination Rule

Cite This Paper

Zhu Xiaoyao. Study on the Application of "Adverse Effect Clause" in Trademark Law. Academic Journal of Humanities & Social Sciences (2021) Vol. 4, Issue 4: 32-36. https://doi.org/10.25236/AJHSS.2021.040408.


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