Xiaokang answers for you:

As for the identification of common names of goods, Article 10 of the Supreme People's Court's "Opinions on Several Issues Concerning the Trial of Administrative Cases concerning Authorization and Confirmation of Trademark Rights" stipulates that the lawsuit If the disputed trademark is a legal product name or a customary product name, the People's Court shall determine that it is a common name as specified in Article 11, Paragraph 1, Item (1) of the Trademark Law. If it is a common name of a commodity according to legal provisions or national standards or industry standards, it shall be recognized as a common name. If the relevant public generally believes that a certain name can refer to a category of goods, it should be recognized as a common name by convention. Those listed as trade names in professional reference books, dictionaries, etc. can be used as a reference for determining conventional common names.

According to the provisions of judicial interpretations, it can be seen that the common names of goods are divided into two types, legal common names or common names established by convention.

The judgment of the common name by convention should generally be based on the common understanding of the relevant public across the country. In the "Ruling on the Trademark Dispute No. 1509704 "USB Flash Drive"" issued by the TRAB, the TRAB stated that "many operators and consumers in the same industry have generally regarded 'USB Flash Drive' as a new type of computer removable memory product. "Use the common name" is an important basis for judgment, and it is determined that "USB flash drive" has become the common name of its designated product-computer memory.

Article 49 of my country’s Trademark Law stipulates that if a registered trademark becomes the common name of the goods approved for use, any unit or individual may apply to the Trademark Office to cancel the registered trademark. Therefore, a trademark that becomes a generic name may suffer the consequences of being revoked similar to that of "USB flash drive".

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