Method for judging trademark distinctiveness:

A trademark is composed of text, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, as well as a combination of the above elements. Trademarks should have distinctive features and be easy to identify. Generally, they do not include common names, graphics, main raw materials, functions, uses, weights, etc. that cannot distinguish the source of goods or services. Legally, trademark distinctiveness can be divided into inherent distinctiveness and usage distinctiveness. Inherent distinctiveness refers to the original distinguishing and identifying functions of the words, graphics, etc. that constitute the trademark. Use distinctiveness refers to the original indistinguishability but during use. The secondary meaning produced enables it to produce distinction and identification.

Whether a trademark is distinctive mainly depends on whether the words, graphics and other elements that constitute the trademark are fictitious, arbitrary, suggestive or purely descriptive:

1. Fictional It refers to a trademark logo imagined out of thin air, so it has inherent distinctiveness, such as: "Haier";

2. Arbitrary refers to using a logo with its original meaning in a new field, so it has inherent distinctiveness. Distinctiveness, such as: "Apple" mobile phone;

3. Suggestiveness refers to using certain features of a product or service as a trademark, which usually has inherent distinctiveness, such as: "Rejoice" "Shampoo;

4. Pure description refers to a direct description of the quality, main raw materials, functions, uses, weight, and quantity of the product or service, which generally does not have inherent significance, such as: "Rice "liquor.

How is the distinctiveness of a trademark determined?

Distinctiveness is the most important concept in trademark law, but it is also a very ambiguous term. Various documents often use different words indiscriminately when dealing with the issue of significance, and the same word can often be understood differently in different contexts.

Distinctiveness refers to the attribute of a trademark that indicates the source of a company’s goods or services and distinguishes them from those of other companies. As the "soul" of trademark protection and the "hub" for the normal operation of trademark law, trademark distinctiveness has always received special attention from both theoretical and practical circles.

To sum up, the legal requirement for distinctiveness of a trademark refers to the attribute of a trademark that indicates the source of a company’s goods or services and distinguishes them from those of other companies. The criterion for judging the distinctiveness of a trademark is that the concept or meaning of the mark cannot be directly related to the marked object, that is, the goods or services, or has only a small or indirect correlation.

Legal basis:

Article 8 of the "Trademark Law of the People's Republic of China" stipulates: "Any product that can distinguish the goods of a natural person, legal person or other organization from the goods of others "Open signs, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks."

Article 9 stipulates: "The trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legal rights previously obtained by others."