Research On The Acquired Distinctiveness Of Trademark

The judgment of trademark’s distinctiveness is a necessary process of application for trademark registration, as well as the focus of controversy in trademark review and trademark administration litigation.The sign has inherent distinctiveness when there is no exist correlation or the association between the sign’s meaning and the inherent characteristics of the goods or services is weak; if there is a stronger connection between them,the sign can acquire distinctiveness and registered by using to cut or greatly weakened this connection.This paper adopts the legal-hermeneutic method, comparative research method and empirical analysis method, the discussion is started from the basic theory of acquired distinctiveness. It analyzes the signs scope of acquired distinctiveness against the trademark legislation and the judicial practice. I select some typical cases to study the ways and identical rules of acquired distinctiveness, and try to find out the basic principles and specific determine rules when judge the acquired distinctiveness of trademark through analyzing the actual domestic and foreign cases above-mentioned. All fore studies hope to benefit the specific practice of Chinese acquired distinctiveness of trademark.