Legal subjectivity:

It is not just the common name of a product that can be registered as a trademark. According to relevant laws and regulations, any mark formed by a combination of words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds that can distinguish the goods of a natural person, legal person or other organization from the goods of others can be used as a trademark Apply for registration. Legal objectivity:

Article 11 of my country's Trademark Law stipulates: "The following signs shall not be registered as trademarks: ... only the common name, graphics, and model of the product..." The purpose of this provision is Exclusive use of common names is prohibited. The law does not have a clear concept of what a common name is. It generally refers to the name of a certain type of trademark that is commonly used within a certain scope. With the advancement of science and technology and the rapid development of society, new products are constantly emerging. With the emergence of each new product, a new product term will appear. But no product name is inherently a generic name. For example, the Yacao mentioned in the report "Yacao disrupts the order of the straw weaving industry" was originally called papyrus. Because its characteristics are between flax and bluegrass, some people call it papyrus. Yarrow, which subsequently became the common name for papyrus. Just as everyone has a name after birth, some people may also have nicknames for various reasons. Even nicknames are more commonly used than formal names, so the nickname becomes a common name for someone, and some nicknames become common names. The original name was not a common name. There is no clear legal standard for judging a common name, but people in the industry are very clear about whether it is a common name. The purpose of registering a common industry name as a trademark is very clear, which is to break the conventional rules of the industry and occupy the term alone to exclude other competitors. This idea is prohibited by law. There are always people who are lucky enough to use a common name to register it as a trademark, and it is likely to be registered, but it does not mean that they can use the trademark legitimately. Article 41 of the Trademark Law stipulates: If a registered trademark violates the provisions of Articles 10, 11, and 12 of this Law... the Trademark Office shall revoke the registered trademark; other units or individuals may request trademark revocation The review committee ruled to cancel the registered trademark. According to this regulation, even if registration is obtained, anyone can apply to the Trademark Review and Adjudication Board to revoke the registered trademark at any time, so the trademark will always be in an unstable state and have no value. According to the above cases, we can see that a trademark registered more than ten years ago has not been protected by law because it is a common name. In fact, it has been denied by the law as a registered trademark. Even if it has been used by enterprises for more than ten years, it is still recognized. Ineffective, this is a significant loss to the enterprise. We can also see from various reports that registering a common name in an industry as a trademark will inevitably cause public outrage, and everyone will demand the cancellation of the registered trademark. The trademark cannot be protected, so registering a common name as a trademark is obviously not a good idea. .