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ARTICLE · 20 MAY 2020

How Do Trademark Disclaimers Affect Similarity Examination

A trademark is a sign indicating the origin of goods. It by nature requires the constituent elements to show distinguishable characteristics and features so as to further prompt brand recognition.

ChinaIntellectual Property

How do trademark disclaimers affect similarity examination?

A trademark is a sign indicating the origin of goods. It by nature requires the constituent elements to show distinguishable characteristics and features so as to further prompt brand recognition. You may find many trademarks also have descriptive or generic elements in order to help consumers quickly identify the basic information relating to the goods, and thus easily establish connections between the trademark and the designated goods. Typical descriptive or generic elements are words or symbols that are widely used to describe the designated goods bearing the trademark, such as the name of the goods, the characteristics of the goods, or the name of the place where the goods are manufactured. Those elements are inevitably also used in a normal business context by others. In order to balance the exclusive rights of the trademark owners and the interests of the public, the Trademark Law stipulates that a

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