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What is the distinctiveness of a trademark? How to understand the distinctiveness of a trademark

According to Article 9 of the "Trademark Law" "Conditions for trademarks applied for registration": "The trademark applied for registration shall have distinctive features and be easy to identify, and shall not be inconsistent with the legal rights previously obtained by others. Conflict.”

When registering a trademark, many people will be rejected because the trademark is not distinctive. Today, Kuaishuangtong is here to talk to you about what the distinctiveness of a trademark is.

Distinctiveness is an essential characteristic of a registered trademark. From the perspective of trademark authorization and confirmation, when choosing a trademark, you should try to choose those signs with strong distinctiveness. What exactly is salience?

What is distinctiveness

The distinctiveness of a trademark is also called “distinctiveness” or “identification”. Generally speaking, it is the characteristic of a certain mark that, when used for goods and services, enables consumers to distinguish the provider of such goods and services from other providers of the same or similar goods and services. Come. As can be seen from the above description, the distinctiveness of a trademark is a relative concept. It is not an inherent characteristic of the mark itself, but a concept related to the mark itself, the goods or services using the mark, and the perception of consumers.