1. What is the meaning of the legal distinctiveness of a trademark?

1. The legal distinctiveness of a trademark refers to the ability of a trademark to indicate the source of an enterprise's goods or services and to distinguish them from others. The attributes of a company’s goods or services. The criterion for judging the distinctiveness of a trademark is that the concept or meaning of the mark cannot be directly related to the marked object, that is, the goods or services, or has only a small or indirect correlation.

2. Legal basis: Article 3 of the "Trademark Law of the People's Republic of China"

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks and service trademarks and collective trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

2. What are the criteria for judging the distinctiveness of a trademark?

The criteria for judging the distinctiveness of a trademark are as follows:

1. The Chinese characters of the Chinese trademark are the same, only the font Or if the design, phonetic notation, or arrangement order is different, which may easily cause the relevant public to misunderstand the source of the goods or services, it will be determined to be a similar trademark;

2. The trademark consists of the same foreign language, letters or numbers, and only the font If the trademarks or designs are different and may easily cause the relevant public to misunderstand the source of the goods or services, they will be determined to be similar trademarks.