Design Trademark Must Consider The Significance Of Registration.

Question: "all the people pay" is

Convenient payment service products launched by commerce limited.

When UnionPay business limited intends to register the trademark of "universal payment" as a "financial service" and other service items, it suffers the rejection of the trademark office. The reason is that "the trademark is used in the designated service only directly indicating the content and characteristics of the service".

The above reasons imply that there is no significant difference between the "universal pay" as a trademark on "financial services" and other service items.

Then, when designing trademarks, how can we avoid being trapped by the lack of significance of trademarks?

A: first, we should clarify what is the saliency of trademark.

Trademark saliency refers to the attribute of a trademark that marks the origin of goods or services and distinguishes a company's goods or services from other enterprises' goods or services.

The eleventh provision of the trademark law stipulates that the following marks shall not be registered as trademarks because of their lack of significance: (1) only the general names, figures and models of the commodities are available; (two) only the quality, main raw materials, functions and uses of the commodities are directly expressed.

Quantity and other characteristics; (three) others lacking distinctive features. "

Secondly, we should take into consideration the saliency when designing the trade mark first, so as to avoid the situation where the application is rejected because of the lack of significance.

Enterprises should take into account the saliency issues when designing trademarks first, and avoid the lack of significance in the eleventh provisions of the trademark law.

For the third points mentioned in the "other lack of significant characteristics" signs how to judge, it is recommended to consult professionals and case analysis.

In the case of the marked significance of the logo, it will be put into use as a trademark.

Again, it is also necessary to determine how to remedy the trademark that has been applied for registration because of its lack of significance.

Judging whether a trademark is lacking in significance may vary according to the subjective factors of different subjects.

If the trademark submitted for registration is rejected by the Trademark Office for lack of significance, there is also a way to save itself.

The eleventh article and second paragraph of the trademark law stipulates that "the marks listed in the preceding paragraph can be registered as trademarks if they have obtained significant features and are easy to identify."

That is to say, if the trademark is rejected by the reasons listed above (two) and (three), the trademark applicant can be registered as long as the trademark applicant can provide evidence to prove that the trademark has achieved significant characteristics after being used.

Finally, to submit

The trademark has been proved to have made significant use.

It is necessary to combine the daily operation of the company, submit products, photographs, business scope and scale, advertising materials, sales contracts, sales invoices, media reports, honors and participation projects to confirm that the trademark has already formed a unique relationship with the applicant, and has already gained a high reputation in the relevant public groups.

Whether the evidence submitted is sufficient to prove that the trademark has achieved significant characteristics after being used, there is no uniform standard, and it still needs to be comprehensively judged in the case.

Trademark saliency is a matter that needs to be considered in the process of trademark confirmation. Only by giving consideration to the whole consideration can we avoid the trademark being rejected and approved for registration after a period of use and input, so as to avoid paying much attention to the enterprise's efforts to invest in the trademark.