Standards for determining the distinctiveness of trademark registration:

1. Legal basis

Article 11 of the "Trademark Law" The following signs shall not be registered as trademarks:

(1) Only the general search name, graphics, and model of the product;

(2) Only directly indicating the quality, main raw materials, functions, uses, weight, quantity, and others of the product Characteristic;

(3) Lack of distinctive features.

If the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

II. Related Explanations

The distinctive features of a trademark refer to the features that a trademark should possess that are sufficient to enable the relevant public to distinguish the source of the goods. The determination of the distinctive features of a trademark should comprehensively consider the sign itself (meaning, name and appearance) that constitutes the trademark, the goods designated by the trademark, the cognitive habits of the relevant public of the goods designated by the trademark, and the actual use conditions of the industry to which the goods designated by the trademark belong, etc. factor. Articles 3 to 7 of this part explain in turn the understanding and application of the paragraphs and items stipulated in Article 11 of the Trademark Law.

3. Only the common name, graphic, and model of the product

The common name, graphic, and model in this article refer to those stipulated in national standards, industry standards, or conventional conventions Name, graphics, model, where the name includes full name, abbreviation, abbreviation, and common name.

For example: the production of perfume, the trademark name is "Perfume", which is a product name and has no distinctive features; another example: the production of clothing,

the trademark name is "XXL", which is well known , "XXL" is a clothing model, so it is not distinctive.

Mere direct expression in this article means that the trademark only consists of signs that are directly illustrative and descriptive of the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the designated goods.

4. Other signs that lack distinctive features

Other signs that lack distinctive features refer to items (1) and (2) of Article 11, Paragraph 1, of the Trademark Law According to common social concepts, other than by itself or as a trademark used on designated goods, it does not have the function of indicating the source of the goods.

(1) Overly simple lines, ordinary geometric figures

(2) Overly complex text, graphics, numbers, letters or combinations of the above elements

(3) One or two letters in a common form

(4) Arabic numerals in a common form are designated for use on goods that are customary to use numbers to make models or product numbers

but are not common The expression form or combination with other elements makes the whole product have distinctive characteristics, or it is excepted if it is designated for use on products that do not use numbers as models or product numbers.

(5) Commonly used packaging, containers or decorative patterns for designated goods

(6) Single color

(7) Non-original expressions indicating goods or Phrases or sentences that are characteristic of the service

Except those that are original and not popular, or are combined with other elements to have distinctive features as a whole.

(8) Names of trading places commonly used in this industry or related industries

(9) Common business terms or symbols in this industry or related industries (10) Organizational form and company name of the enterprise Industry name or abbreviation