Can the common name of a product be used as a trademark?

A sign containing a common name of a commodity cannot be successfully registered as a trademark. This is mainly because the trademark applied for registration must have distinctive characteristics such as being distinctive, easily identifiable, and not conflicting with the legitimate rights and interests enjoyed by other third parties. If a trademark only contains the common name of the goods, then this lack of distinctiveness and recognition will make it impossible for the trademark to complete the trademark registration procedures. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can the common name of a product be used as a trademark?

According to relevant laws and regulations, the common name of a product can be regarded as one of the trademarks that can be registered. However, a mark consisting solely of the common name of a product is not entitled to be qualified as a registered trademark.

The reason is that the first condition for applying for a registered trademark is that it must be distinctive and be easily identifiable and must not conflict with other individuals or organizations that have obtained legitimate rights and interests.

If a trademark only contains the common name of the goods, it cannot meet the above requirements of distinctiveness. Due to the requirements of sexiness and legibility, it cannot be successfully registered as a trademark.

During the actual operation of trademark registration, the applicant needs to submit sufficient evidence to Prove that the trademark applied for is distinctive and successfully obtain the trademark registration certificate.

In addition, trademark registration must also strictly comply with relevant laws, regulations and regulations , to ensure that the legitimate rights and interests of applicants are effectively protected.

Therefore, if you want to successfully register a trademark, we strongly recommend that you seek the help of a professional trademark agency or lawyer to ensure that your trademark can fully comply with the

Article 11 of the Trademark Law

The following marks shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Others lacking distinctive features. If the marks listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they can be registered as trademarks.

2. Selling small commodities How to compensate for trademark infringement

As for the issue of compensation for trademark infringement in sales, The specific measurement standards are as follows: First, if the exclusive right of a trademark is infringed, the amount of compensation should be based on the rights owner’s consequences.The actual economic losses suffered shall be determined.

If the actual loss cannot be accurately confirmed, you can also refer to the infringement party’s The profit obtained from the investment is calculated as an alternative standard.

If the loss or gain of the right holder or the infringer cannot be reliably estimated, you can refer to The amount of compensation shall be determined as an appropriate multiple of the trademark license fee.

Finally, if the infringement of trademark exclusive rights is of an egregious nature and the circumstances are extremely serious, The final amount of compensation can be determined within the range of one to five times the amount of compensation determined by the above three methods.

At the same time, the amount of compensation should also include reasonable costs to stop the infringement.

If the right owner suffers actual losses due to the infringement, the infringer suffers due to the infringement If it is difficult to determine the benefits obtained and the registered trademark license fee, the people's court will make a judgment based on the specific circumstances of the infringement and award a compensation of less than five million yuan.