1. The provisions of the Trademark Law on not being used as a trademark are clearly pointed out according to the express provisions of Article 11 of the Trademark Law: the first point is that it only indicates the common name, pattern and model of the goods, and no trademark can be registered; Second, only the quality, material, efficacy, use, weight and quantity of goods can be displayed as trademarks; The most important thing is the third point. If you lack the distinctive features of a commodity, you can't register a trademark. Therefore, there is a lack of distinctive features to judge whether everyday language is a trademark.
Second, how to have distinctive features Daily expressions must first have unique designs and special expressions. This special design makes the form of trademark display fixed, and consumers will have a deep impression on the trademark when they identify it, which is easy for consumers to accept. This is that the trademark has obvious identifiability; Moreover, in the use of a large number of trademarks, it should be differentiated in the minds of consumers. When applying for a trademark, we should fully display the connotation of the product to distinguish it from other trademarks and make the product more prominent, so as to produce good benefits.
Because everyday language is catchy and easy to be remembered and publicized by consumers, many platforms use everyday language to register trademarks. But not all daily expressions can be used for registration. If it is not significant and significant, it cannot be used for trademark registration. Because everyday language is too daily and colloquial, there is no obvious judgment as a trademark, which is very subjective in trademark examination. Different examiners will come to different conclusions. Therefore, when registering a trademark, you can first check whether there are the same words, so as to achieve the greatest balance of interests.