The Criteria Of Generic Name Of Goods

In the process of using the trademark,the risk of degenerating into the generic name of the commodity has always existed.Regardless of whether it is the "THERMOS" in the United States,it is recognized as the generic name of the cup-type product or "TEFLON" which is considered to maintain the trademark.In the course of using the registered trademark,there may be various reasons for the loss of the distinctiveness of the registered trademark and thus degenerate into the generic name of the commodity.Unlike the United States,which identified the generic name of a product from the case many years ago,the importance of consumer surveys.China's current identification refers to the industry situation,and the industry situation is typical of the industry association.The consumers who are in contact with the final purpose of the product,that is,the sales contact,are not enough,or there is no actual operation.The way to include consumers as an assessment criterion.This article was introduced as a case from the controversial trademark “Coffee mate”,which led to the discussion of the issue of the standardization of the generic name.The full text is divided into five parts to discuss the criteria for the identification of generic name of goods:The first part is a brief introduction to the situation in which the disputed trademark “Coffee mate” is in administrative and judicial proceedings.Immediately afterwards,the Trademark Office's decision on the disputed trademark “Coffee mate” was maintained to maintain the registered trademark,and the evidence and defense of both parties and the identification of the Trademark Office were analyzed.Finally,it explains the significance of establishing a standard for the unified identification of generic names,the importance of both parties fighting the disputed trademarks,and the significant value of the disputed trademarks.The second part is mainly to briefly analyze the generic name.Firstly,the concept of the generic name is summarized in one sentence.The generic name can be divided into two kinds according to the nature: the legal generic name and the generic name.The difference in the degree of difficulty in the identification of the generic name and the content of the survey are different.Secondly,it shows the regulations related to the generic name of goods in China.The relevant legal documents contain few generic name in the name,and are basically limited to the food and drug department.The laws related to China's laws have not yet dealt with the issue of the universal name recognition standard.The third part begins with the analysis and sorting of relevant cases of the generic name of China's commodities,and then aggregates 30 influential cases from 1999 to 2017 to form a table detailing the results of the ruling and the reasons for the ruling.Subsequently,there are three problems in China's current identification of generic name of goods.One is that the standard is not uniform,the other is that the subject is not unique,and the third is that the procedure is cumbersome and time consuming.The three issues are explained in more detail.The fourth part is to analyze the situation in the United States.The United States,as a trademark protection country,is at the forefront of the country,and there are some ways in which it can be learned.First,a brief introduction to the US legal provisions on generic names is given.The focus is on the introduction of two different consumer survey models in the US judicial practice,namely the "THERMOS" survey and the "TEFLON" survey.The survey model was introduced in detail and analyzed.The ultimate goal of the consumer as a trademark to indicate the sale of the product should be the most critical part of identifying the generic name of the product.The fifth part is to return to the identification of the controversial trademark “Coffee mate”.Firstly,the five factors that should be included in the certification standard are discussed,namely,consumer survey,national standards,industry standards,regions used for trademarks,time nodes for universal name recognition,and The subjective state of the trademark owner.Form a standard of recognition based on consumer surveys and supplemented by other factors.Secondly,the conclusion that the disputed trademark “Coffee mate” should not be recognized as a generic name and the interpretation of the basis.Finally,I would like to talk about the enlightenment of the identification of generic name of commodities after the identification of this case.The necessary evidence and conclusions of the investigation into the consumer survey should be authoritative.