A trademark is a distinctive sign used to distinguish the source of goods or services.

The so-called distinctive characteristics of a trademark (also known as distinctiveness) refer to the recognizability and uniqueness of a trademark that is easy to distinguish from other trademarks’ goods and services, and consumers can distinguish them by virtue of the characteristics of the trademark. The origin, characteristics, information, etc. of the goods or services. The more distinctive the characteristics of a trademark (that is, the distinctive features of originality), the greater its distinguishing effect and the more conducive it is to general consumers' identification.

However, since the examination of the distinctive features of a trademark is a negative examination, and the words and graphics used in the trademark cover a very wide range, the law cannot answer the question of the distinctiveness of the trademark, so it can only List some non-obvious situations and examples. Generally speaking, the following types of trademarks are considered to have no distinctive characteristics:

(1) Use common product names, logos, and graphics as trademarks in the industry;

(2) Use common trademarks in the industry; Use words and graphics related to the product as a trademark;

(3) Use words or graphics that represent the quality, main raw materials, functions, uses and other characteristics of the product as a trademark;

(4) Trademarks using geographical names (Note: There are exceptions for collective trademarks and certification marks);

(5) The trademark’s text and graphics are too complicated or use graphics with numerous titles;

(6) The whole or the main part of the trademark is composed of extremely simple geometric figures and two or less numbers or letters written in ordinary fonts (such as a straight line, a curve, a standard triangle, or a circle, etc.) etc.;

(7) The use of a unified special symbol promulgated by the country or industry as a trademark is also considered to be insignificant.

The distinctiveness of a trademark is not absolute. Although trademark design should pay attention to the issue of distinctiveness, whether a single trademark has distinctive features depends to a large extent on the circumstances of use.

During the use of a trademark, as popularity expands and competitors dilute the distinctive features of the trademark, the trademark owner may lose the trademark due to improper use. The more well-known it is, the more likely it is that it will become a universal synonym for the category in the market, thus losing its distinctiveness.

For example, aspirin was first used as a trademark of Bayer Pharmaceuticals to label the drug "acetylsalicylic acid". As its superior efficacy became known, it gradually became the generic name of "acetylsalicylic acid". In 1921, the court ruled that aspirin entered the public domain and could not be used as a trademark. At this time, the aspirin trademark can no longer distinguish the source of the product or the product itself, and has lost its meaning as a trademark. Similar ones include: Morphine? Zipper? MSG? Rendan? Warm kettle? Nylon? etc. The product was too popular, but it burned its own brand.

The Ordos brand has also suffered greatly due to the problem of its trademark name. Many sellers of counterfeit cashmere sweaters deliberately use the word "cashmere is produced in Ordos" to confuse the brand and the place of origin. This is the congenital nature of the Ordos brand. Due to insufficient genes, in order to protect its brand, Ordos Company had to make the following statement in 2005: First. Ordos City is not equal to Ordos Cashmere Group; secondly, cashmere sweaters in Ordos City are not equal to Ordos cashmere sweaters; thirdly, Ordos Cashmere Group has never carried out any form of yarn customization finished product business. The Ordos Cashmere Group's move is obviously to protect its exclusive rights to trademarks and combat unscrupulous competitors who copy famous brands and free ride on them.

How to deal with the fading distinctiveness of a trademark?

It is best to use meaningless made-up words at the beginning of the birth of a trademark, such as "Gree", "Haier", etc.

In advertising, avoid using trademark substitutes for promotion, and emphasize the brand’s trademark attributes as much as possible. ?Not every Jeep is called Jeep. ?This is the advertising slogan of the Jeep brand, which clearly emphasizes the distinctiveness of the trademark.

In daily promotional descriptions and official documents, add descriptive words when using trademarks, such as Santana cars and iPod music players. Nintendo has successfully prevented its trademark "Nintendo" from becoming a generic name by including the term "game console" when promoting its products.

Pay attention to the market and safeguard rights in a timely manner.

Netac Technology was the first to register the trademark "USB Flash Drive" in China, and has been subject to trademark cancellation applications on the grounds that "USB Flash Drive" has become a generic name for its products. However, Netac Technology has regulated the use of its own trademarks and promptly responded to unreasonable uses in the market. The phenomenon of “USB flash drive” was cracked down on and lawsuits were launched at the same time. On September 23, 2015, a ruling was received to maintain the “USB flash drive” trademark.

Finally, the essential function of a registered trademark is to distinguish the source of goods or services. A registered trademark that has been used for a long time and on a large scale will have a high degree of visibility and reputation, and to a large extent carry the meaning of registration. The goodwill accumulated by people after hard work reflects the recognition of goods or services by the relevant public and is an important link between business operators and consumers. Therefore, trademark registrants should take good care of their registered trademarks, especially well-known trademarks, and never let them degenerate into common names of goods.