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2017-09-29 / The Jinouzl Team / Patent

The nature of trademark is the dissemination of information, so a successful trademark should be of good recognizability and memorability

In short, the character of trademark refers to its distinctiveness. While focusing on the recognizability of trademark, we also emphasize its uniqueness and distinctiveness. According to the requirements of trademark registration in the Chinese trademark law, the design of trademark should be of unique conception and unconventionality. Meanwhile, the meaning of device should be clearly highlighted so as to correctly convey the character of specific goods and services.

Moreover, a successful trademark should also fit in the target market. The psychology and habits of consumers in target markets need be considered, meanwhile, social customs, culture, religions and likes/dislikes should be followed, for example, Southeast Asian dislike green, the number 13 is taboo in Western World, owl pattern is considered bad in some places in China and the Star of David must not be used in some Arab countries.

Geographical name only indicates the place of origin, when used as trademark, it cannot help consumers to identify the producer, and easily makes people confused about the place of production. In many countries, trademark offices will reject the registration by claiming that geographical name lacks distinctiveness and it is common to all mankind thus should not be exclusively owned by a certain producer, even if it gets registered under some circumstances, there still will be many limiting conditions.