What are the distinctive features that a Trademark should have? Most readers probably don’t know much about it, so the editor of Legal Savior Network will answer it for you.
What are the distinctive features that a trademark should have
So-called The distinctive features of a trademark (also known as distinctiveness) refer to the recognizability and uniqueness of a trademark that makes it easy to distinguish goods and services containing other trademarks. Consumers can rely on the characteristics of the trademark to distinguish the origin, characteristics, and information of the goods or services. wait.
The more significant the characteristics of a trademark (that is, the distinctive features of originality), the greater its distinguishing effect and the more conducive it is to general consumers' identification. The originality referred to here refers to very common words, graphics and their combinations determined by intelligence. Common flowers, birds, insects, fish, auspicious words or other things that are popular generally lack originality. Since the examination of the distinctive features of a trademark is a negative examination, and the words and graphics used in the trademark cover a very wide range, the law cannot answer questions about the distinctiveness of the trademark, so it can only list some situations where it is not distinctive. and examples.
Generally, the following trademarks are considered Does not have distinctive characteristics:
(1) Use common product names, logos, and graphics in the industry as trademarks;
(2) To use words and graphics related to the product as a trademark;
(3) To indicate the quality and main content of the product Text or graphics with characteristics such as raw materials, functions, uses, etc. as trademarks;
(4) Trademarks with geographical names (Note: There are exceptions for collective trademarks and certification marks) );
(5) The trademark’s text and graphics are too complex or use graphics with too many titles;
(6) The whole or the main part of the trademark is composed of extremely simple geometric figures and two or less numbers or letters written in ordinary fonts (such as a straight line, a curve, a standard triangle, or a circle, etc.) etc;
(7) The use of a unified special symbol promulgated by the country or industry as a trademark is also considered to be insignificant. The distinctiveness of a trademark is not absolute. Although trademark design must pay attention to the issue of distinctiveness, whether a single trademark has distinctive features depends to a large extent on the circumstances of use.
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