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Intellectual Property and Commercial Court

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2014 Xing Shang Su Zi No. 118

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Decision No. 2014 Xing Shang Su Zi No. 118
Date December 17, 2014
Decision Highlight

According to the intension of Article 29 Paragraph 1 Subparagraph 1 of the Trademark Act, the main function of distinctiveness of a trademark is to let relevant customers identify the source of goods or services and distinguish such goods or services from other providers. Therefore, distinctiveness must be determined based on the relationship between the trademark and the designated goods or services. Accordingly, distinctiveness of a trademark must be determined by the content of the goods or services designated by the applicant.

Keywords

Distinctiveness

Relevant statutes Article 29 Paragraph 1 Subparagraph 1 of the Trademark Act (amended and promulgated on June 29, 2011 )
  • Release Date:2020-11-16
  • Update:2020-12-07
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