Trademark lacks distinctive features. When the trademark applied for is too simple, such as using simple lines or ordinary geometric figures, the examiner will consider that the trademark lacks distinctive features and is not identifiable, and will be rejected. When the examiner rejects a trademark registration application because the trademark lacks distinctive features, the examiner can file for review of the rejection by proving that the applied trademark is distinctive. The distinctiveness of a trademark is not absolute. Whether a trademark has distinctive features depends to a large extent on the circumstances of use. In practice, some trademarks that originally had no distinctive features enable consumers to identify the source of goods or services through use, that is, they have developed distinctive features through use. In this case, the trademark can be registered and protected. of. 1. The concept of trademark distinctiveness. The distinctiveness of a trademark is also called the identification or distinction of a trademark. Specifically, it means that when the mark is used on specific goods or services, it can make consumers feel that it should or is actually related to the specific origin of the goods or services. related. Article 9 of my country’s Trademark Law stipulates: “The trademark applied for registration shall be distinctive and easy to identify.” Article 11 of the Trademark Law stipulates: “The following signs shall not be registered as trademarks: (1) Only the common name of the product, graphics, models; (2) only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) signs listed in the preceding paragraph that lack distinctive characteristics acquire distinctive characteristics through use and are convenient for If identified, it can be registered as a trademark." The distinctiveness of a trademark is an ever-changing factor. It may grow from nothing, from weak to strong, or vice versa, and the possibility of infringement will also change accordingly. 2. Principles for determination of trademark distinctiveness The determination of trademark distinctiveness needs to follow the following basic principles: first, the principle of identification of goods and services; second, the principle of identification of relevant public; third, the principle of identification of actual use; fourth, the principle of overall identification; fifth, It is to consider the principle of identifying public interests. (1) Principles of identification based on combination of goods and services. The so-called identification based on combination of goods means that the distinctiveness of a trademark is a relative concept and cannot be carried out abstractly. As long as a mark can distinguish a specific product or service, it can be said that the mark is significant. There is a general principle in judging the distinctiveness of a trademark, that is, the closer the trademark is to the goods and services themselves, the weaker the distinctiveness, and conversely, the stronger the distinctiveness. Taking word trademarks as an example, according to the relationship between the mark and goods and services, we can usually divide it into made-up words, arbitrary words, suggestive words, narrative words, and general words. Among the above five words, when the first three are used in conjunction with goods or services, since they are not directly related to the designated goods or services, consumers generally tend to think that they are indicating the source of the goods or services. These signs are therefore inherently distinctive and can be protected as trademarks. The fourth type of mark refers to words that directly express the characteristics or quality of goods or services. For example, "American Standard" used on sanitary ware is a descriptor. Its literal meaning mainly means that the sanitary ware is designed and manufactured in accordance with American standards. Consumers generally do not associate it with a specific source, so they do not have Intrinsic salience. The last one refers to the common name of a good or service. A common name refers to a standardized title that is unique to a country or a certain industry and reflects the fundamental difference between one type of commodity and another type of commodity, as opposed to a unique name. Since a common name cannot serve to distinguish a trademark, a common name cannot be protected as a trademark.