1. According to Article 8 of the Trademark Law before the amendment, a trademark should be original and distinctive. Text and graphics that directly express the features of goods or services lack the distinctiveness that a trademark should have. It cannot play a role in identifying a trademark and cannot used as a trademark. The new Trademark Law has made major changes to this provision. According to Article 11 of the Law, if a trademark itself lacks distinctive features but “has acquired distinctive features through use”, it can be registered as a trademark.
2. Judging from the actual situation, although the applied trademark "One Card" has a certain narrative character about the characteristics of the services such as "financial services, savings banks, credit cards" designated for use, after long-term use and extensive publicity by the applicant, the "One Card" A strong link is established between the text and the applicant, and the text already serves the purpose of identifying the source of the service. Moreover, there is currently no evidence that other financial institutions are also using the "all-in-one card" text on similar services. The applied trademark has acquired distinctive features through use and is easy to identify. Although some signs that are descriptive of the characteristics of the goods or services will be difficult to obtain registration at the initial stage due to the lack of distinctive features that a trademark should have, these marks are often relatively superficial and have a direct connection with the goods, and are easily recognized by consumers. recognized. If the enterprise uses it for a long time and publicizes it extensively. The mark with the above situation has established a close connection with the enterprise. When consumers see a certain mark, they will naturally think of the enterprise's products or services. Then this mark actually plays the role of trademark recognition.