Current location - Trademark Inquiry Complete Network - Trademark inquiry - What are the relative prohibitions on trademark registration?
What are the relative prohibitions on trademark registration?

What conditions are relatively prohibited when registering a trademark

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

Please click to enter the image description (Maximum 18 words)

The common name, graphics, and model of a product are unanimously recognized and used by a certain industry, and some of them are what distinguish this product from other products. Characteristic. 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) It is prohibited to directly use words and graphics that express the characteristics of the goods as trademarks that only directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.

, the reason is the same as the aforementioned prohibition on using the common name and graphics of this product as a trademark. It should be pointed out that what is prohibited by law is only signs that "directly" represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, while signs that "indirectly" represent or imply certain characteristics of the goods, are not prohibited, because signs that indirectly express or imply certain features of the 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) Lack of distinctive features

Trademarks should have distinctive features, which is a positive condition for applying for registered trademarks. If a mark lacks distinctive features and is not identifiable, it cannot be obtained. Registration, but after trial, a connection is established between the trademark and the goods, and it obtains distinctive features and is easy to identify, it can be registered.