What conditions are relatively prohibited when registering a trademark?

Trademark is a common symbol in daily life. It is the spokesperson of the Product and the most obvious difference and feature between one product and other products. So what conditions are relatively prohibited when registering a trademark? The editor of Legal Savior Network will tell you below.

What conditions are relatively prohibited when registering a trademark

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

The common name, graphics and model of the product are jointly recognized by a certain industry , are commonly used, and some are the common characteristics that distinguish this commodity from other commodities. No one should have a monopoly. Using common names and graphics as trademarks may also harm the interests of other practitioners in the same industry and violate the principle of fair competition. Since these marks themselves do not have the function of distinguishing different operators, however, when the common names, graphics, and models of these goods are used by a certain operator as trademarks for their own goods, and through use, consumers are able to distinguish the goods with their marks. If it is distinguished from other goods of the same kind, it should be considered to have acquired distinctiveness and can be registered as a trademark.

(2) Only directly indicates the quality, main raw materials, and functions of the product , purpose, weight, quantity and other characteristics

It is prohibited to directly use words and graphics to express the characteristics of the goods as trademarks. The reasons are the same as the aforementioned prohibition on using The common names, graphics and trademarks of this product are the same. It should be noted that what is prohibited by law is only signs that "directly" express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, while signs that "indirectly" express or imply certain characteristics of the goods are It is not prohibited because signs that indirectly express or imply certain features of goods may often be trademarks with distinctive features. Even if it is a mark that directly indicates the characteristics of the product, it can also obtain distinctive features through use.

(3) Trademarks that lack distinctive features

Having distinctive features is a positive condition for applying for a registered trademark. If a mark lacks distinctive features and is not identifiable, it will not be registered. However, after trial use, it can be used in commercial applications.If a link is established between the mark and the goods, and the mark is distinctive and easy to identify, it can be registered.

The above knowledge is the answer of the editor of Legal Savior Network to the question "What conditions are relatively prohibited when registering a trademark". If readers need legal help , welcome to the Legal Savior Network for legal consultation.