Trademarks Gained Significant Research

A trademark is a sign indicating the source of goods and services.The distinctiveness of trademark is an important attribute to determine whether a trademark can distinguish the source of goods and services.Trademarks are distinctive,which is a rule of trademark legislations and is a premise of trademark registrations and is the basis of reasonable settlement of trademark disputes.With the continuous development of the market,trading in goods and services become more frequently,though operators and consumers pay more attention to trademarks as well as the legislations of trademark are becoming more perfect in many countries and regions,marks lack of distinctiveness are still being used in the market without protection of the trademark law.In order to reduce the economic losses caused by the lack of legal protection of trademarks or marks,legislative organs,judicial administrative organs and operators should have a certain understanding and research on the distinctiveness of trademark.Therefore,through analyzing judicial cases in China,the United States and the European Union,the author tries to explore how can marks lack of distinctiveness,especially descriptive marks,acquire distinctiveness and be made to register as trademarks.This essay can be divided into four parts:The first part is the general review of secondary meaning of trademarks.This part mainly talks about definition and classification of distinctiveness of trademarks.The second part is word,letter and number marks acquiring distinctiveness.By enumerating the legislation of word,letter and number marks,analyzing related judicial practices on determining whether these kinds of marks can acquire distinctiveness,the author tries to explain some common problems appeared on applying for registration.The third part is natural person's name and geographical name marks acquiring distinctiveness.By enumerating the legislation of natural person's name and geographical name marks,analyzing related judicial practices on determining whether these kinds of marks can acquire distinctiveness,the author tries to explain some common problems appeared on applying for registration.The fourth part is color,picture and 3D marks acquiring distinctiveness.By enumerating the legislation of color,picture and 3D marks in our country and other countries or regions,analyzing related judicial practices on determining whether these kinds of marks can acquire distinctiveness,the author tries to explain some common problems appeared on applying for registration.