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What is the significance of a trademark and what factors determine its significance?

AddTime:2023-05-09 10:24:55   Views:     【 Big Mid Small 】   Print   Close

 1、 Significance of trademarks

The "distinctiveness" of a sign, also known as "distinctiveness" or "identifiability", refers to the characteristic of a sign used for a specific commodity or service that identifies the source of that commodity or service, thereby distinguishing the provider of that commodity or service from other providers of the same or similar commodity or service
2、 Determinants of Trademark Significancy
(1) The saliency of a trademark logo first depends on the relationship between the logo and related goods or services. The closer the connection between a logo and the goods or services it refers to, the weaker the saliency; On the contrary, the greater the significance. This means that certain signs have inherent significance when used for goods or services from the beginning; When the same logo is used for other goods or services, it is initially not significant. When used for "Air Shed Service, Ticket Booking Service" and other purposes, the significance of the following symbol is weak because its Chinese meaning is "Cheap Air", and the graphic represents an aircraft, all of which directly describe the characteristics of the service; However, for services such as "car rental", "hotel reservation", and "weather forecast", the logo has the required distinctiveness for trademark registration, as the text of the logo is not directly related to these types of services
(2) When determining whether a sign is significant, in addition to considering the close relationship between the sign and related goods or services, the sign should also be judged as a whole. Sometimes one or more elements that constitute a trademark symbol do not have inherent saliency themselves, but when combined, these elements have inherent saliency, that is, they can identify the source of goods or services as a whole. In this case, the symbol should be considered to have saliency, and it cannot be considered that the symbol cannot be registered because it contains elements that do not have saliency
(3) The recognition of the logo by the relevant public is also of great significance in determining whether the logo is significant. The relevant public refers to consumers or operators related to the goods or services of the cooperative logo, and many of the goods or services are not intended for the general public as a whole, but for specific groups of people. For example, the use of precision experimental instruments cannot be attributed to the general public, but only to researchers in universities and research institutes. Whether the use of symbols on such goods or services can distinguish their sources can only be based on the understanding of these specific populations

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