(1) Only the common name, figure and model of the goods;
(2) directly indicating the quality, main raw materials, function, use, weight, quantity and other characteristics of the goods;
(3) Other items lacking distinctive features.
the marks listed in the preceding paragraph can be registered as trademarks if they have been used to obtain distinctive features and are easy to identify.
Interpretation: Paragraph 1 of Article 11 of the Trademark Law prohibits the registration of trademarks. Signs lacking distinctive features cannot be registered as trademarks, but they are not absolutely prohibited, but are relatively prohibited. Those with distinctive features after use can be registered as trademarks. Article 11, paragraph 2, of the Trademark Law stipulates that the marks listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive features after use and are easy to identify. According to this regulation, the following factors should be considered comprehensively to judge whether a sign has acquired distinctive features after use:
(1) the public's cognition of the sign;
(2) the actual use time, usage mode and usage in the same industry of the mark on the designated goods or services;
(3) the sales volume, turnover and market share of the goods or services using the logo;
(4) the advertising situation and coverage of the goods or services using the logo;
(5) Other factors that make the sign distinctive. To judge whether a sign belongs to a sign with remarkable characteristics after use, it should be based on the cognition of the relevant public. If the parties claim that the mark has achieved remarkable characteristics after use, they shall submit corresponding evidence materials to prove it.