Trademark Name Only Implies Good Will Not Be Allowed To Register.

Since ancient times, the name is a simple and profound knowledge.

But no matter how mysterious the knowledge is, there is a rule that has never changed.

Choice

Also known as a category, so many people will choose some of their own good text, or the quality of goods and services provided with good expression of the text.

I checked, only the word "beautiful" trademark has 115 applications for registration.

The first "good" trademark, the registration number is 186585, is still valid on cigarette products.

The problem is that only the beautiful words of goods and services are often not easily recognized by consumers as trademarks, and can not be used to indicate the origin of goods and services, and are often difficult to get registered.

For example, when I say mild cosmetics and good conditioner, it is hard to label "mild, just" such words without special explanation.

Even if I put the two words together, I would say that the mild and proper soap sounds a little bit twisted, but it is still describing the quality characteristics of this soap.

The trademark owner Yao Heng company believes that "Pacific direct" is a self created phrase with no meaning. It can play a role in differentiating the different commodity sources. It has the saliency of the trademark. It is more familiar with the "Pacific" related meaning to the Chinese public, while in the cosmetics field, the English word corresponding to "mild" meaning is "gentle".

This reason has not been accepted by the commercial jury and the court. In the judgment of the people's Court of Beijing high court, it is stated that "Pacific" should be prefixed "the" and "Pacific" when used as a noun.

When direct is used as adjective, its basic definition is "direct and accurate".

When the two parties are used together, they can be plated as "mild, just" or "mild and direct", which modifies all the third types of shampoos, such as the third specified types of shampoos, which only indicate the functions and uses of commodities, and constitute the situation referred to in paragraph 1 (two) of the trademark law.

Of course, the other premise of the ruling is that the evidence submitted by the company can not prove that its trademark has gained significant characteristics through its use.

The case needs to be specifically stated that the company has another reason: it has been registered on other categories of commodities and has been registered with the trademark "Pacific direct". It should also be registered on third categories of commodities according to the same criteria.

This is also the reason for reviewing frequently seen cases.

Because many companies often apply the same trademark in different goods and services to apply for registration at the same time, the previous one will be registered and the latter is rejected.

The former case needs to be referenced, and the former case is also the examiner.

The work that must be done in case.

However, the former case is not, of course, the basis for hearing the case, and very few cases are exactly the same.

Exactly the same meaning: the same parties, the same trademark logo (not only the same text, but the same form of expression), the same specified commodity, the same reason for application, the same reason for defense, and the same content of evidence.

Such a former case is very few, I have not seen the impression.

The trademark "PACIFIC DIRECT" of Yao Heng Limited has been approved for registration on twenty-first types of porcelain products, twenty-fifth types of clothing, and thirty-fifth kinds of advertisements. But this does not necessarily mean that it should be registered in third types of products such as bleach, laundry detergent, soap, shampoo and so on.

The reason is also very simple. We seldom use "mild" to describe porcelain.

And advertising quality characteristics, but will describe soap.

So, as far as this case is concerned, the former case is of little reference.

Moreover, even if the words with quality characteristics are registered as trademarks, they are always faced with the possibility of being declared invalid, which is simply not enough to refer to.

Of course, it is not absolutely impossible to register.

The provisions of the eleventh paragraph and the second paragraph of the trademark law can be registered as trademarks after obtaining significant features and being easy to identify.

Therefore, after several years, Yao Heng's "PACIFIC DIRECT" trademark can still be registered in third categories of bleach (laundry) and other commodities.