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Distinctiveness, also known as uniqueness, refers to the specificity of the trademark itself, that is, the characteristics that distinguish a certain trademark from other trademarks and other commercial signs. A trademark is distinguished from other commercial marks by having certain distinctive features. The distinctiveness of a trademark is the basis for it to become a trademark. “If a trademark loses its uniqueness, it will no longer be an effective sign and become a casually available sign.
Identification , also known as recognizability, refers to the characteristics of a trademark that are associated with specific goods or services. An important function of a trademark is to distinguish the goods or services of different companies, and at the same time reveal the source of the goods or services, so that consumers can rely on them. A trademark can identify a certain product or service and the provider of the product or service. Any trademark should be identifiable so as to guide consumers to a certain product or service and enable consumers to correctly distinguish a certain category. Different providers of goods or services.
Therefore, identification implies the connection between the trademark and the goods or services and the connection between the goods or services marked by the trademark and the provider.
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