A sign that lacks distinctive features can be registered as a trademark if it acquires distinctive features through use and is easy to identify.
Trademark registration refers to protecting a trademark as a form of rights and interests to ensure that you have the exclusive right and interest to use the trademark within a specific geographical area.
Before submitting a trademark registration application, you first need to conduct a trademark search to confirm whether your trademark is similar to or conflicts with an existing trademark. This reduces the risk of application rejection. You can use the trademark database or ask a professional agency to help you search.
Prepare trademark registration application materials. This includes necessary documents such as trademark application forms, trademark drawings, and descriptions of goods or services. Make sure you provide accurate and complete information during application preparation.
Submit the trademark registration application to the corresponding trademark registration agency, such as the National Trademark Office, Regional Trademark Office or International Trademark Organization (WIPO). Pay the appropriate application fees as required.
If a mark that lacks distinctive features acquires distinctive features through use, the factors that can be determined are as follows:
1. Time of use: the longer the trademark is used, the more likely it is that it will acquire distinctive features. The bigger. Long-term and actual use of a trademark can establish association and recognition between the mark and specific goods or services.
2. Scope and region of use: The continued use of a trademark in a wide range and multiple regions can gain more exposure and popularity for the logo. By reaching a larger market and audience, a trademark may become part of consumer recognition and memory.
3. Advertising and promotion: Active advertising and promotion activities can increase the exposure and popularity of the logo. Through effective marketing and branding, a trademark may create a positive impression in consumers' minds and become associated with a specific product or service.
4. Consumer perception: Whether a logo can be associated by consumers with a specific product or service is also an important factor. A mark may be considered distinctive if the goods or services bearing the mark are well known in the market and consumers generally recognize and identify the mark.