What are the distinctive features of trademarks?
The distinctiveness of a trademark (also known as distinctiveness) means that a trademark has the identifiability and uniqueness that can easily distinguish goods and services containing other trademarks, and consumers can distinguish the sources, characteristics and information of goods or services by virtue of this trademark feature. The more remarkable the characteristics of a trademark (that is, the distinctive features of originality), the greater the difference, and the more favorable it is for ordinary consumers to identify it. Originality here refers to very common words, figures and their combinations determined by intelligence, while common flowers, birds, insects, fish, auspicious words or other popular things generally lack originality. Because the examination of trademark distinctiveness is negative, and the words and graphics used in trademarks cover a wide range, the law can't answer the question of trademark distinctiveness, so it can only list some inconspicuous cases and examples. In general, the following trademarks are not considered to have obvious characteristics: (1) Trademarks are composed of commodity names, signs and graphics commonly used in this industry; (two) the use of words and graphics related to the goods as trademarks; (3) using words or graphics indicating the quality, main raw materials, functions and uses of goods as trademarks; (4) using place names as trademarks (note: there are exceptions to collective trademarks and certification trademarks); (5) The characters and graphics of the trademark are too complicated or graphics with various titles are used; (6) All or the main part of a trademark consists of two or less numbers or letters (such as straight lines, curves, regular triangles or circles) written in extremely simple geometric figures and ordinary fonts; (7) It is also considered insignificant to use the unified special symbols promulgated by the state or industry as trademarks. The distinctiveness of a trademark is not absolute. Although we should pay attention to distinctiveness in trademark design, whether a single trademark has distinctive features depends largely on the use situation.