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Why should trademarks be conspicuous? What is trademark distinctiveness?
Hello,

First, the meaning of a trademark is:

The distinctiveness of a trademark (also known as distinctiveness) means that a trademark has the identifiability and uniqueness that can easily distinguish goods and services containing other trademarks, and consumers can distinguish the sources, characteristics and information of goods or services by virtue of this trademark feature.

The more remarkable the characteristics of a trademark (that is, the distinctive features of originality), the greater the difference, and the more favorable it is for ordinary consumers to identify it. Originality here refers to very common words, figures and their combinations determined by intelligence, while common flowers, birds, insects, fish, auspicious words or other popular things generally lack originality.

Second, trademarks should have distinctive features.

Because the examination of trademark distinctiveness is negative, and the words and graphics used in trademarks cover a wide range, the law can't answer the question of trademark distinctiveness, so it can only list some inconspicuous cases and examples.

Generally speaking, the following trademarks are considered to have no distinctive features:

(1) Take the commodity names, signs and graphics commonly used in this industry as trademarks;

(two) the use of words and graphics related to the goods as trademarks;

(3) using words or graphics indicating the quality, main raw materials, functions and uses of goods as trademarks;

(4) using place names as trademarks (note: there are exceptions to collective trademarks and certification trademarks); I hope I can help you adopt it.