1. With the relevant public as the subject of judgment, the so-called "relevant public" refers to consumers related to a certain kind of goods or services identified by trademarks and other operators closely related to the marketing of the above-mentioned goods or services. The popular explanation is related consumers and business operators. The proper terminology of an industry may be significant in the eyes of ordinary consumers. However, it is difficult for practitioners in this industry to think that this term is of great significance.
2, the overall identification, that is, because the trademark contains some non-significant factors, it can not be considered that the trademark as a whole is not significant, nor can it be easily denied because the factors that constitute the trademark are not significant. Whether a trademark is significant or not depends on the overall situation and usage.
3. In combination with the actual use of the trademark, if it is found that it cannot be registered as a trademark because it is not significant, it can be registered as a trademark, such as "Little Sheep" and "Six Walnuts". To judge whether a sign has achieved remarkable characteristics after use, we should comprehensively consider the relevant public's cognition of the sign.
4, combined with goods and services to determine whether the trademark is significant to determine whether the trademark is significant, can not be used independently of its goods or services.
Article 7 of the Trademark Law of People's Republic of China (PRC) shall follow the principle of good faith when applying for registration and using trademarks.
A trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.
Eleventh the following signs shall not be registered as trademarks:
(a) only refers to the common name, figure and model of the commodity;
(2) directly indicating only the quality, main raw materials, functions, uses, weight, quantity and other characteristics of commodities;
(three) other lack of distinctive features.
A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use.