Current location - Trademark Inquiry Complete Network - Trademark inquiry - What are the characteristics of trademarks?
What are the characteristics of trademarks?
the so-called trademark features (also known as distinctiveness) mean that a trademark is easy to distinguish the identifiability and uniqueness of goods and services containing other trademarks, and consumers can distinguish the origin, characteristics and information of goods or services by virtue of the trademark features. The more remarkable the characteristics of a trademark (that is, the original characteristics), the greater its difference and the more conducive to the identification of ordinary consumers. Originality here refers to the very common words, figures and their combinations determined by intelligence, and the common flowers, birds, insects, fish, auspicious language or other things that are popular are generally lack of originality. Because the characteristics of trademarks are examined in a negative way, and the words and graphics used in trademarks cover a wide range, the law cannot answer those questions that trademarks are significant, so we can only list some cases and examples that are not significant. In general, the following trademarks are not considered to have obvious characteristics: (1) Trademarks are made of commodity names, signs and graphics commonly used in this industry; (2) using words and graphics associated with this commodity as trademarks; (3) using words or graphics that indicate the quality, main raw materials, functions and uses of the goods as trademarks; (4) using geographical names as trademarks (note: there are exceptions to collective trademarks and certification trademarks); (5) The words and graphics of the trademark are too complicated or the graphics with various titles are used; (6) All or the main part of the trademark is composed of two or less numbers or letters (such as a straight line, a curve, a regular triangle, or a circle) written in extremely simple geometric figures and ordinary fonts; (7) The use of unified special symbols promulgated by the state or industry as trademarks is also considered to be insignificant. The distinctiveness of a trademark is not absolute. Although we should pay attention to the distinctiveness in trademark design, whether a single trademark has characteristics depends to a great extent on the use situation.