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Trademark not distinctive rejected? 3 tips to teach you to improve trademark prominence!
Release Time：
2022-09-23
The basic function of a trademark is to distinguish and identify, that is, to distinguish the source of the goods, to link the goods with a specific supplier of goods, trademarks need to be significant in order to play its role. Therefore, distinctiveness is the basic condition for the registration of a logo as a trademark.
In the process of daily trademark registration, it is often encountered that trademarks are rejected because of the lack of significance, for example, Luo Yonghao's "make a friend" trademark is rejected because of the lack of significance.
How to improve the distinctiveness of the trademark?
1. Avoid generic names or descriptive trademarks in the industry.
If "millet" specifies the trademark registration in the category of food commodities, it will not be approved. Because "millet" is a kind of food, it lacks significance when used in the category of food commodities, and it highlights its significance when used in mobile phone products and electronic products.
2. Choose original words or made-up words.
Original word refers to the word or letter combination that makes up the trademark itself has no meaning in the dictionary and is original. Such as BYD, Baidu, Youku, Sohu, MOTOROLA.
A made-up word is a word made up by subjective thought. As a trademark registration, the trademark designer can combine the characteristics of goods or services, extend the imagination space infinitely, and achieve a perfect combination between trademarks and goods or services.
Since a madeup word has no inherent, specific meaning, it is registered as a trademark and will not be associated with any goods or services, so it has a distinctive character in all goods and services. For example, "KODAK" film and "HAIER" electrical appliances are trademarks made up of made-up words.
A madeup trademark usually encounters great difficulties at the beginning of the product entering the market, but once it is recognized and accepted by consumers, it can obtain the greatest identification effect and the strongest protection.
3. Names that are not related to products and services are significant.
The word or combination of words that make up a trademark has a fixed meaning in the dictionary, but is not associated with the goods or services specified in it. For example, the "Apple" logo used on mobile phones; The "Great Wall" logo used on wine.
Trademark distinctness is the soul of the trademark, is the foundation of successful trademark registration, it is suggested that the applicant in the name of the trademark in addition to comply with the relevant provisions of the trademark law, but also have significant characteristics, so that it is more conducive to the smooth approval of the trademark.
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