What is a strong trademark and what is a weak trademark? Most readers probably don’t know much about it, so the editor of Legal Savior Network will answer it for you.
What is a strong trademark and what is a weak trademark
A trademark that is highly symbolic and has no actual meaning in its words or graphics is called a strong trademark.
In the sense of relative distinctiveness, made-up word trademarks, arbitrary word trademarks and suggestive word trademarks have inherent distinctiveness and can be immediately regarded by consumers as Any indication of the source of goods or services can be called a strong trademark.
But in the sense of absolute distinctiveness, only a trademark that is both original and well-known is a truly strong trademark. Such a strong trademark can be used by third parties Not only is there no reason to apply it, but it has also won recognition from consumers in the market, so it should be given the greatest relative legal protection.
Weak marking, strong narrative, trademark text Or a trademark in which the graphic itself also marks an actual object or has a certain practical meaning is called a weak trademark. Such as "white polar bear", "peony", "eternal", "Great Wall", "Huangshan", "China Gate", "bright", "beautiful" and so on.
In a legal sense, narrative trademarks and color, sound, smell and other trademarks mainly represent the characteristics of the product itself. In the eyes of consumers, they are generally not It is a mark with weak distinctiveness that is associated with the specific source of goods or services.
Of course, after long-term use, consumers may also overcome common concepts and establish a special impression, thereby associating the mark with a specific source. However, not only is this process usually quite uncertain, but even if the success is at most relative significance, unless it is particularly well-known, it is basically impossible to enjoy protection beyond the scope of the goods or services.
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