What are the distinctive features that a trademark should have?

The so-called distinctive features of a trademark (also known as distinctiveness) refer to the recognizability and uniqueness of a trademark that makes it easy to distinguish goods and services containing other trademarks. Consumers can rely on the characteristics of the trademark to distinguish the origin, characteristics, and characteristics of the goods or services. Information etc. 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. The originality referred to here refers to very common words, graphics and their combinations determined by intelligence. Common flowers, birds, insects, fish, auspicious words or other things that are popular generally lack originality. So, what are the distinctive features that a trademark should have? The editor of Legal Savior Network will give you detailed answers.

What distinctive features should a trademark have

(1) A trademark is a distinctive sign that distinguishes It is a mark that is descriptive, well-known and public, and is different from the marks of other people's goods or services, thereby making it easier for consumers to identify.

(2) The trademark is exclusive. The purpose of using a trademark is to distinguish the source of goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights and exclusive rights to his trademark, and others may not use it without the permission of the registered trademark owner. Otherwise, it will constitute an infringement of the trademark rights of the registrar and owner and violate the laws of our country.

(3) Trademarks have value. A trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation. The trademark owner makes the trademark valuable and increases the added value of the goods through the trademark's creativity, design, application for registration, advertising and use. The value of a trademark can be determined through an appraisal. Trademarks can be transferred for a fee; others can be allowed to use them with the consent of the trademark owner.

(4) Trademarks are competitive and are tools to participate in market competition. The competition among producers and operators is the competition for the quality and reputation of goods or services, and its manifestation is the competition for trademark visibility. The higher the trademark visibility, the stronger the competitiveness of its goods or services.

The following are not considered to have distinctive features:

(1) Common trade names in the industry, Use logos and graphics as trademarks;

(2) Use words and graphics related to this product as trademarks;

(3) Use words or graphics to express the quality, main raw materials, functions, uses and other characteristics of the goods as trademarks;

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

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

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

(7) The use of unified special symbols 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 its use. Case. If you have any other questions, you are welcome to go to the Legal Savior Network for online consultation.