Usually, when we examine whether a trademark has distinctive features, we mainly consider the following aspects:

1. The various elements that constitute the trademark mark itself (including meaning, Calling and appearance composition, etc.), such as overly simple lines or graphics, overly complex text, graphics, numbers, letters, or overly complex combinations of these elements, are not suitable as signs to distinguish the source of goods. A logo that is too complex is as difficult to recognize and call as a logo that is too simple.

2. Products designated by trademarks, for example, the logo of Apple Computer is used in the fruit industry. To put it simply, merchants selling apples use the appearance logo of Apple as their trademark. Or if a shoe store uses the appearance of leather shoes as its trademark, it is obviously unable to distinguish the source of the goods, and it is also inconvenient to distinguish these specific merchants from other similar businesses among consumer groups.

3. The cognitive habits of the relevant public of the goods designated by the trademark. The cognitive habits of the relevant public are a very important factor when considering whether a mark is distinctive. A trademark is a sign that distinguishes goods or service providers, and the subject of its identification is the relevant public of specific goods or services. It can also be said that when we observe whether a sign has distinctive features, we should stand from the perspective of its relevant public or consumers in this field. For example: the review of large medical device trademarks should be from the perspective of medical institutions, not patients; the review of baby product trademarks should be from the perspective of adults, not children; the review of cigarette packaging sealing string trademarks The review should be from the perspective of the tobacco factory, not the smokers.

4. The actual use situation of the industry in which the trademark is designated to be used is mainly due to the fact that some trademarks, from the perspective of the mark itself, meet all the requirements for registered trademarks, and have even been approved for registration, or It was once rated as a well-known trademark or famous trademark. However, due to improper use and unfavorable protection, these trademarks have lost their distinctive features in the industry. Such trademarks include "aspirin", "nylon", "Jeep", etc. When these signs become generic terms for behavior and thus lose their distinctive features, they are no longer suitable for protection as registered trademarks. This also reflects the importance of well-known trademark protection from one aspect.