Research On Acquaire Distictiveness Of Trademark

with the people’s awareness of the brand strategy has been enhanced, more and more attention has been paid to the legalization of the trademark. However, there are a lot of descriptive marks in the market, because it is weak, so it is difficult to register as a trademark. However, there are still a large number of descriptive signs in the market. Is mainly due to the identification of the direct description of goods or services, some of the characteristics of the goods or services that are closely related to the generation of goods or services. Therefore, the operator can be put into less cost can get a higher value of the return of the trademark, which is also a descriptive mark although not registered qualifications, but still favored by the reasons for the operators.In the provisions of the significant system, the Trademark Law of our country, the lack of significant signs can be used to obtain significant. 2014 China’s new "trademark law" was formally implemented, the new law on the use of "trademark" made a provision, but for the "trademark use" of the specific definition does not make the corresponding provisions. Although the United States to obtain significant provisions of the system more perfect, but there are some defects, such as the provisions are not specific, especially about the system of how to judge the identified problems by using with the source identification function. The same problem exists in our country in this respect.Therefore,the main idea of this paper is to analyze the lack of significant signs of how to obtain significant and registered as a trademark. The recognition of the significance of the need for the use of the main body, the use of the way, the overall identification, the interests of the balance and the use of results and other aspects of a comprehensive judgment. The subjects, and overall recognition and interest balance is mainly of trademark use to define and gain significant standards of objective conditions; and the use effect is refers to the cognition of the relevant public, belongs to the cognizance standard of significant subjective conditions, through the use of a trademark of definition of the auxiliary judgment subjective conditions arising from the use of the effect, to obtain trademark through the use of significant conclusions were obtained. Among them, the objective condition is not the decisive condition of the conclusion. In other words, it is not to say that as long as an identity to meet the objective conditions of the use of the trademark identification is significant, it is not to say that a logo does not meet the objective conditions are excluded from the possibility of a significant. The application of the objective condition needs to be judged according to the specific case, and the final purpose of the application is to judge whether the subjective condition is satisfied. If judged by the objective conditions of subjective cognitive condition is satisfied, that is, with the public to establish the effect function for source identification of the identification, can be found the identification by using different can be registered as a trademark. Therefore, in obtaining a significant subjective conditions play a decisive role, the relevant public is the main body of the trademark recognition.The author divides into four chapters to carry on the research and discussion. In the first chapter, the author makes an analysis of the problems in the trademark registration system based on the specific cases. In the present stage of our country in obtaining significant cognizance standard system exists the objective conditions as a decisive factor in judgment, plus the trademark objectively using situation on the basis of the judgement too general and chaos. Therefore, the lack of a system of strong operability of standard system. As well as the subjective condition in the determination standard, because of the lack of the support of theory and law, the decisive position in practice is often neglected.In the second chapter, the author focuses on the analysis of the objective conditions in the recognition of the significance of the above problems. In practice, the identification of mark access to significant, the use of the situation can be analyzed from the use of the subject, the use of the way, as a whole and balance the interests of the point of view of one by one analysis. However, although the actual use of the situation is to determine the objective conditions of the significance, but it is not a decisive factor, only to assist to determine whether the subjective conditions are satisfied.In the third chapter, it is the key analysis of the effect. Analyzing the perspective of cognitive psychology and sociology in the collective memory theory shows that the public is not just a simple real individual consumers, but by real consumers, operators and potential consumer groups consisting of collections. Related public through the identification of the objective use of the identification of the source of the cognitive situation, which is the system that the use of the standard identification. This effect can be obtained through the use of the identification of a significant conclusion.According to the above analysis and China’s current situation, application of this system in the judicial practice in the subjective condition and objective condition combination, perfect the theory of the relevant public and enhance the application status and proper introduction of social surveys and other evidence suggest, in order to provide some reference for our country.