Graphic features of 1. trademark. The graphic features of trademarks should be original and creative, which can attract consumers' attention and interest and make them easy to be recognized and remembered.
2, the text characteristics of the trademark. The literal features of a trademark should be original and creative, which can be distinguished from other trademarks and easily recognized and remembered by consumers.
3, the sound characteristics of the trademark. The sound characteristics of a trademark should be original and creative, which can be distinguished from other trademarks and easily recognized and remembered by consumers.
4, the color characteristics of the trademark. The color characteristics of a trademark should be original and creative, which can be distinguished from other trademarks and easily recognized and remembered by consumers.
5, the overall characteristics of the trademark. The overall characteristics of trademarks should be originality and creativity, which can be distinguished from other trademarks and easily recognized and remembered by consumers.
The identification of trademark distinctiveness needs to pay attention to the following aspects:
1, originality and creativity of trademarks. The originality and creativity of a trademark are important factors of trademark distinctiveness, which should meet the requirements of "unusual" trademarks stipulated in the Trademark Law.
2. Identification and memory of trademarks. Trademark recognition and memory are the key factors of trademark distinctiveness, which should attract consumers' attention and interest and be easy to recognize and remember;
3. The uniqueness of the trademark. Trademark distinctiveness is a necessary condition for trademark distinctiveness, which should be distinguished from other trademarks of similar goods or services to avoid confusion and misunderstanding;
4. Market conditions and characteristics of trademarks. The market situation and characteristics of trademarks are important considerations for trademark distinctiveness, and should be evaluated in combination with the characteristics and market situation of goods or services;
5, trademark review standards and procedures. The identification of trademark distinctiveness shall conform to the Trademark Law and the examination standards and procedures of the Trademark Office, and follow the principles of justice, fairness and fairness.
To sum up, the identification of trademark distinctiveness is a relatively subjective process, which needs to consider the comprehensive role of multiple factors. Therefore, in the process of trademark distinctiveness identification, all aspects of trademark characteristics should be carefully evaluated to avoid personal subjective factors affecting the identification results of trademarks. At the same time, it is suggested that enterprises should adopt unique and creative trademarks when designing and applying for trademarks, so as to improve the distinctiveness and brand effect of trademarks.
Legal basis:
Article 8 of the Trademark Law of People's Republic of China (PRC)
Signs that can distinguish the commodities of natural persons, legal persons or other organizations from those of others.
Article 9
A trademark applied for registration shall have distinctive features and be easy to identify. From the front, it is stipulated that trademarks should be distinctive.
Article 11
On the other hand, some trademarks that lack distinctive features cannot be used as restrictive provisions for trademark registration.