A trademark is a sign used by commodity producers and operators on the goods they produce or sell, or by service providers on the services they provide, to distinguish the source of goods or services. The trademark applied for registration shall have distinctive features that are easy to identify and shall not conflict with the legal rights previously obtained by others. Signs lacking distinctive features shall not be registered as trademarks.

Article 9 of my country’s Trademark Law 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.” A trademark lacking distinctiveness is destined to was rejected, then what is the criterion for judging the lack of distinctiveness of a trademark? Article 11 of the "Trademark Law" The following signs shall not be registered as trademarks:

(1) Only the common name, graphics, Model

1. Specify the use of the common name of the product;

2. Specify the use of the common graphics of the product;

3. Specify the use of the common name of the product. Model;

The common names, graphics, and models in this article refer to the names, graphics, and models stipulated in national standards, industry standards, or conventional conventions, where the names include full names, abbreviations, abbreviations, and common names.

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods

"Only directly express" means that the trademark is only designated by the Use the quality, main raw materials, functions, uses, weight, quantity or service content, quality, method, purpose, object and other characteristics of the goods to directly illustrate and describe the composition of the mark or the trademark may contain other constituent elements, but the overall The above is only expressed directly.

Only directly express other characteristics of the designated goods:

1. Specific consumers of the designated goods;

2. The price of the designated goods;

3. Specify the content of the product;

4. Specify the style or flavor of the product;

5. Specify the way and method of using the product;

6. The production process of the designated goods;

7. The production location, time and year of the designated goods;

8. The form of the designated goods;

9. Specify the validity period, shelf life or service time of the product, the sales place or geographical scope of the product;

10. The technical characteristics of the product;

( 3) Other signs that lack distinctive features

Other trademark signs that lack distinctive features refer to trademarks other than items (1) and (2) of Article 11, Paragraph 1, of the Trademark Law in accordance with social regulations. Generally speaking, a trademark itself or used as a trademark on designated goods does not have the function of indicating the source of the goods. Mainly include:

1. Overly simple lines, ordinary geometric figures;

2. Overly complex text, graphics, numbers, letters or combinations of the above elements;

3. One or two letters that are common in this form of expression;

4. Arabic numerals in the common form are designated for products that are accustomed to using numbers to make model numbers or product numbers;

5. Commonly used packaging, containers or decorative patterns for designated goods;

6. Single color;

7. Non-original phrases or sentences that express the characteristics of goods or services;

8. Names of trading places commonly used in this industry or related industries;

9. Common business terms or signs in this industry or related industries;

10. Enterprises The organizational form, name or abbreviation of the industry;

11. It only consists of phone number, address, house number and other elements;

12. Commonly used congratulations.