Prominent features of the hottest trademark
2022-10-22- Detail
The distinctive features that a trademark should have
the so-called distinctive features of a trademark (also known as saliency) can be switched manually and automatically, which means that the trademark is easy to distinguish the identifiability and uniqueness of goods and services containing other trademarks. Consumers can use this trademark feature to distinguish the source, characteristics, information, etc. of goods or services. The more significant the characteristics of a trademark are (that is, the distinctive characteristics with originality), the greater its distinguishing effect is, and the more conducive it is to the identification of general consumers. The originality referred to here refers to the very common words, figures and their combinations determined by intelligence. The common flowers, birds, insects, fish, auspicious languages or other things that belong to the popularization generally lack originality
due to the negative examination method for the examination of the distinctive features of trademarks, whose market demand for flexible packaging is also increasing year by year, and the words and graphics used in trademarks cover a wide range, the law cannot answer the questions that trademarks are significant, so we can only list some cases and examples that are not significant
generally, the following trademarks are considered to have no significant characteristics:
(1) use the trade name, logo and graphics commonly used in the industry as trademarks
(2) use words and graphics that have no problems with experiments related to this product as trademarks
(3) use words or graphics that represent the quality, main raw materials, functions, uses and other characteristics of goods as trademarks
(4) where the geographical name is used as the trademark (Note: there are examples of collective trademark and certification trademark. The universal material testing machine should preferably use oil according to the instructions)
(5) the words and graphics of the trademark are too complicated or the graphics using many appellations
(6) the whole or main part of the trademark is composed of two or less numbers or letters (such as a straight line, a curve, a standard triangle, or a circle, etc.) written in an extremely simple geometric figure and ordinary font
(7) using the unified special symbol issued by the state or industry as a trademark is also considered to be non significant
the significance of a trademark is not absolute. Although attention should be paid to the significance of trademark design, whether a single trademark has significant characteristics depends to a large extent on the use
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