First of all, a trademark is mainly a sign used to distinguish the source of goods or services. In other words, where the same goods or services come from and who produces or provides them are mainly distinguished through trademarks. Therefore, the distinctive function has become a basic function of a trademark. The purpose of legal protection of trademarks is to protect the function from being destroyed. Any behavior that destroys or obliterates the distinctive function is an infringement of trademark exclusive rights and must be stopped. This kind of damage mainly includes two situations:

First, the connection between the trademark and the goods or services is severed, resulting in the loss of the distinctive function of the trademark for the goods or services approved.

The second is to blur or dilute the distinctive function of the trademark. If others use a trademark that is identical or similar to the right holder's registered trademark on the same or similar goods or services, causing consumers to mistakenly believe that the two are from the same provider, this will obscure the distinctive function of the trademark and make it difficult for the trademark to be used. Distinguish the source of goods or services.

Secondly, as we all know, the distinctiveness of a trademark comes from two categories. One type is inherent distinctiveness, that is, the words, patterns or combinations of trademarks themselves have inherent distinctiveness. Therefore, at the beginning of use of such a trademark, its distinctiveness mainly comes from the design. The first type is acquired distinctiveness, that is, the distinctiveness of the mark is caused by the commercial entity's use of its mark through operations, advertising, publicity, etc. Under such circumstances, although some trademarks are originally distinctive, they become more distinctive and more "distinctive" after use. This acquired distinctiveness is linked to concepts such as the popularity of a trademark and the goodwill of an enterprise. Behind the brand's popularity or good business reputation is the hard work and sweat of the business entities. It is the result of long-term cultivation and dedication by the operators, and requires hard work and investment from the operators. Therefore, it can be said that the protection of trademarks and other commercial signs is essentially to protect the labor invested by operators in cultivating brands and creating business reputation.

After long-term use, publicity and other hard work, the operator has made its commercial logo have a certain degree of popularity and influence, and has accumulated good business reputation, thus giving it a significant distinguishing source of goods or services. sexual characteristics. Therefore, the protection of a trademark lies in protecting its external distinctiveness and the labor input embodied in it.