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ARTICLE · 13 OCTOBER 2021

Acquiring Trademark Distinctiveness

Distinctiveness is the attribute of a trademark which distinguishes different sources of goods and services. It is the core feature of a trademark and a vital part of its successful existence.

ChinaIntellectual Property

    Distinctiveness is the attribute of a trademark which distinguishes different sources of goods and services. It is the core feature of a trademark and a vital part of its successful existence. As a trademark is designed, its distinctiveness is inherent. Some trademarks have good innate qualifications and strong distinctiveness. For example, words without any meaning or highly original graphics, like Haier, Kodak, or 1120332a.jpg. Some trademarks describe the content of goods or services, such as "colorful cotton" designated for use in clothing goods, "famous car repair" designated for use in car repair services, etc., such trademarks lack distinctiveness and are inherently weak. But is such a trademark totally unprotectable?

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