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 situations and examples that are not significant. 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 trademarks that are common 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 based on geographical names (Note: There are exceptions for collective trademarks and certification marks);
(5) The text and graphics of the trademark are too complex 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.
2. What are the prohibited conditions for three-dimensional marks?
Article 12 of the "Trademark Law" stipulates: "If you apply for a registered trademark with a three-dimensional mark, the shape, The shape of goods that is necessary to obtain technical effects or the shape that makes the goods have substantial value shall not be registered. "If the shape produced by the nature of the goods itself is approved and is necessary to obtain technical effects. The application for trademark registration as a mark of the shape of goods or the shape that makes the goods have substantial value will restrict the normal production activities of producers of similar goods, because the shapes of these goods are used in the production of similar goods. Unavoidable.