1. The concept of trademark distinctiveness The distinctiveness of a trademark is also called the identification or distinction of a trademark. Specifically, it means that when the mark is used on specific goods or services, it can make consumers feel that it should or actually Relating to the specific provenance of goods or services. Article 9 of my country's Trademark Law stipulates: "The trademark applied for registration shall be distinctive and easy to identify." Article 11 of the Trademark Law stipulates: "The following signs shall not be registered as trademarks:

(1) Only There is a common name, graphic, and model of the product;

(2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product; (3) It lacks distinctive features The marks listed in the preceding paragraph that have acquired distinctive features through use and are easy to identify may be registered as trademarks." The distinctiveness of a trademark is an ever-changing factor. It may grow from nothing, from weak to strong, or vice versa, and the possibility of infringement will also change accordingly.

2. Principles for Determination of Trademark Distinctiveness The determination of trademark distinctiveness needs to follow the following basic principles. First, it is combined with the principle of identification of goods and services, second, it is combined with the principle of identification of relevant public, and third, it is combined with the principle of identification of actual use. The fourth is the principle of overall identification, and the fifth is the principle of considering the interests of the public.