The main function of a trademark is to distinguish similar goods or services**, so it must be distinctive. The Trademark Law stipulates that some generic names, figuratives or signs indicating the characteristics of goods may not be registered as trademarks because of their lack of distinctiveness. In the composition of trademarks, word or ** trademarks can be further subdivided into descriptive trademarks and implied trademarks.
Implied trademarks are usually composed of imaginary words, metaphorical words, etc. Although there is no direct connection to the commodity, ingredient or function, it conveys the character, nature, composition or use of the commodity through imagery, and stimulates the public to associate some of the attributes of the commodity.
Compared with ordinary trademarks, implied trademarks are more attractive and easier for consumers to remember and recognize. For example,"Red Bull"The logo conveys the energy and vitality of the product through a red-eyed cow, which fits perfectly with the concept of its functional drink.
When applying for the registration of an implied trademark, the applicant needs to pay attention to the following points:
1.Grasp the degree of "suggestion".
To ensure the establishment of trademark imagery, pay attention to the balance of the degree of "implication", and avoid being too obvious or too subtle.
2.Establishment of trademark imagery
Pay attention to the establishment of trademark imagery to ensure that the trademark conveys positive, beautiful and intriguing semantic content.
3.Avoid lack of distinctiveness
Avoid a lack of distinctiveness or be considered a descriptive mark, which may result in the rejection of the application.
Trademark imagery is the image and attitude of the trademark in the minds of consumers. The implicit trademark adopts an implicit or figurative way to imply the efficacy of the product through words, forming rich semantic associations and winning the favor of consumers. When choosing an implied trademark, the applicant should pay attention to constructing a positive and attractive trademark image to enhance the use value of the trademark.
Trademark Registration