In some cases, although the trademark components may seem to have a derogatory connotation, it can be proven that they are intended to express good connotations and do not make the relevant public intuitively feel that they have obvious bad intentions, so it is inappropriate. A trademark that is deemed to have adverse effects solely based on the derogatory words contained in its constituent elements.

For trademarks with adverse effects, my country’s Trademark Law stipulates that they shall not be used as trademarks and shall not be registered. The purpose is to promote good social ethics and maintain social stability.

In judicial practice, when judging whether an applied for trademark has adverse effects, consideration should be given to whether the mark or its constituent elements may have a negative impact on my country’s political, economic, cultural, religious, ethnic and other social public interests and interests. Public order has a negative and negative impact. For applied trademarks such as "Kill them", the elements of the trademark are composed of derogatory words, and their external expressions clearly have the intention of discriminating, humiliating, and even personal attacks, which violate public order and good customs, and are presented to the relevant public in a negative light. The implication is that it is obviously a trademark with adverse effects.

However, in some cases, although the trademark components may seem to have derogatory connotations, it can be proven that they are intended to express good connotations and do not make the relevant public intuitively feel that they have obvious bad intentions. It is inappropriate to determine that a trademark has a negative impact simply based on the derogatory terms contained in its constituent elements. This is explained from the following case.

Guizhou Province Renhuai Dadaren Industrial Co., Ltd. (hereinafter referred to as Dadaren Company) applied for registration on Class 33 rice wine, shochu, alcoholic beverages (except beer), sake, wine and other commodities For the word trademark "Stealing a Cup of Wine", the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board (hereinafter referred to as the Trademark Review and Adjudication Board) successively rejected Dadaren Company's registration application on the grounds that they believed that the word "Stealing a Cup" in the applied trademark It is indecent, especially the word "steal" which usually means "stealing" or "stealing", so the trademark application has a negative impact.

Dadaren Company claimed in the administrative lawsuit filed with the People’s Court that the word “stealing the cup” in the trademark application has a specific meaning and refers to a marriage custom in Guizhou. It has a good meaning and does not have any adverse effects. , and the applied trademark has been well-known to the relevant public after a large amount of publicity and use, and has formed a one-to-one correspondence with Dadaren Company, which can completely distinguish the source of the goods, so it is requested to revoke the rejected review decision.

When hearing the case, the court logged on to the website based on clues in the evidence in the case to check a large amount of information reflecting the customs and habits of ethnic minorities, and found that large-scale celebrations and weddings were held in many provinces, cities and areas inhabited by ethnic minorities in our country. There is a custom of "stealing cups" on every occasion, especially in Guangxi Zhuang Autonomous Region. "Stealing cups" is a folk custom passed down from generation to generation by the local Bama Yao people.

Based on this, the court held that when judging whether the trademark involved in the case has adverse effects, it should consider whether the mark or its constituent elements may have a negative impact on my country’s political, economic, cultural, religious, ethnic and other social public welfare. Interests and public order have a negative and negative impact. In this case, the applied trademark consists of the Chinese character "stealing a cup of wine". Although the word "stealing" is mostly understood to mean "stealing" and is a derogatory term, this does not mean that all marks containing the word "stealing" are It will have a negative and negative impact on social public interests and public order. The word "steal" is also reflected as a neutral word in many cases, such as "stealing joy", "peeping at her secretly", etc. The word "stealing a cup" used in the trademark application does not make the relevant public clearly and intuitively feel that it directly expresses the meaning of "stealing". The most important thing is that "stealing cups" is a traditional wedding custom of some ethnic minorities in my country. It has a relatively good meaning. If it can be registered, it will also be considered from the perspective of enhancing social effects, and it will also be the inheritance and continuation of traditional customs in my country's long history. , so it is not appropriate to determine that the applied trademark has adverse effects. Accordingly, the court ruled to revoke the appealed decision to reject the review and required the Trademark Review and Adjudication Board to make a new decision.