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Anonymous users2024-02-05Hello, do you want to register the name Durian Blossom? The name lacks distinctiveness, and Article 11 of the Trademark Law The following signs shall not be registered as trademarks:
1) There is only the generic name, graphic and model of the commodity;
2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;
3) Lack of distinctive features.
Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.
The distinctive feature of a trademark refers to the characteristics that the trademark should possess that are sufficient to enable the relevant public to distinguish the goods. The determination of the distinctive features of a trademark shall comprehensively consider factors such as the sign itself (meaning, call, and appearance composition) constituting the trademark, the goods designated for use by the trademark, the cognitive habits of the relevant public for the goods designated for use by the trademark, and the actual use of the goods designated for use by the trademark. Articles 3 to 7 of this Part explain the understanding and application of the paragraphs and subparagraphs provided for in Article 11 of the Trademark Law.
3. Only the generic name, graphic and model of this product.
The generic names, graphics, and models used in this article refer to the names, graphics, and models specified in national standards, industry standards, or conventions, and the names include full names, abbreviations, abbreviations, and common names.
For example, in the production of perfume, the brand name is "perfume", which is a product name and does not have distinctive characteristics; Another example: the production of clothing, the brand name is "XXL", as we all know, "XXL" is a clothing model, so it is not distinctive.
For the purposes of this article, the term "direct representation" refers to the fact that the trademark consists only of signs that are directly illustrative and descriptive of the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods designated for use.
4. Other lack of distinctive features.
Other signs lacking distinctive features refer to signs other than those used in subparagraphs (1) and (2) of paragraph 1 of Article 11 of the Trademark Law that do not have the function of representing the goods in themselves or as trademarks in accordance with the common concept of society.
a) Overly simple lines, ordinary geometric figures.
2) Overly complex words, graphics, numbers, letters, or a combination of the above-mentioned elements.
c) One or two letters of ordinary expression.
4) Arabic numerals in ordinary form are designated for use on goods that are customary to use numbers as model numbers or article numbers.
However, it does not apply to ordinary expressions or combinations with other elements that have distinctive characteristics as a whole, or are designated for use on goods that do not use numbers as model numbers or article numbers.
5) Specify the commonly used packaging, containers or decorative patterns of the goods.
6) Single color.
7) Non-original phrases or sentences that express the characteristics of goods or services.
However, it is not original and not popular, or it is combined with other elements and has a distinctive feature as a whole.
8) The name of the ** place commonly used in the industry or related industries.
9) Commercial terms or signs commonly used in the industry or related industries, (10) The organizational form of the enterprise, the name or abbreviation of the industry.