Discussion About Distinctiveness Of A Trademark​

The distinctiveness of a trademark refers to the features of distinguishing the source of the goods or services which is a prerequisite for a trademark to be registered. The distinctiveness of a trademark can be inherent or acquired through usage. According to Article 11 of China Trademark Law, a sign lacking of inherent distinctiveness cannot be registered as a trademark unless it has acquired distinctiveness through usage. In this article, we will discuss the types of trademarks that lack distinctiveness and the evidence that can prove a trademark has acquired distinctiveness through usage.

Classification of the degree of the distinctiveness of a Trademark

There are the five classifications of degree of the distinctiveness, from highest to lowest.