Our country’s laws have strict regulations on trademark registration. When submitting a trademark application, the applicant must require that the trademark be distinctive and cannot be a similar trademark or have adverse effects. Any violation The relevant rules of the Trademark Law have made it impossible to register a trademark. So on this issue, how can a trademark be considered distinctive? Bajie Intellectual Property Trademark Transfer Network will analyze it below:

From a legal perspective, trademark distinctiveness can be subdivided into inherent distinctiveness and distinctiveness acquired through use.

Inherent distinctiveness means that the words, graphics, three-dimensional signs, sounds and other elements that constitute the trademark have the function of distinguishing and identifying the trademark. These elements are generally fictitious, arbitrary, suggestive or purely descriptive.

For example, "Chengzhi", "Wumei", "Banli", etc. are all made-up words. If used to apply for a trademark, their distinctiveness is very prominent and can distinguish different providers of goods or services. .

Acquiring distinctiveness through use means that some trademarks themselves are not distinctive, but the trademark has been used for a certain product or service for a long time and has been widely publicized, so the trademark gradually acquires corresponding distinctiveness. The relevant public can associate the trademark with the goods and services marked and identify the trademark.

Representative examples include Six Walnuts and Ele.me. These trademarks are not distinctive and cannot allow consumers to associate the trademark with the goods and services marked and identify the trademark. However, "Six Walnuts" is very similar to Ele.me. The products marked with the trademark are sold to many counties and cities across the country and have high market visibility. Therefore, this type of trademark can be regarded as having acquired distinctiveness through use and can be approved as a registered trademark. .

Nowadays, it is more difficult to obtain a trademark. Many companies choose to purchase a trademark directly. This is also a good way. Direct purchase of a trademark by a company is the fastest way to obtain a trademark. However, Bajie Intellectual Property recommends that for trademark-related issues, such as trademark transfer, trademark purchase and sale, and trademark transactions, you should still choose a reliable platform for transactions. You can choose Zhejiang Bajie Intellectual Property Trademark Transfer Network ()!