What is the relationship between the second meaning produced by the use of a trademark and the distinguishing features of the trademark itself?

For example, Fu Yanjie was originally a brand name, but in the end it became a product name.

Theoretically speaking, there are two different situations of trademark distinctiveness: one is inherent distinctiveness, that is, the logo itself can identify the source of goods, which does not belong to the three situations stipulated in Article 1 1 of the Trademark Law; The second is to obtain salience, which refers to the salient features obtained through use, that is, the names that people are used to. "? The second meaning "? .

So-called? "? The second meaning "? Not as literally expressed, there is a new or second kind? "? What does that mean? On the contrary, it refers to a sign that has no obvious characteristics at first and cannot identify the source of goods. After being used by a specific producer, it has established contact with a specific producer in the minds of buyers or consumers, and has become the source symbol of goods provided by producers, which can identify the source of goods and has obvious characteristics.

The second meaning is "isn't it?" ? The second meaning other than the first meaning is not a sign? "? A secondary meaning that is different from the primary meaning or other meanings. Now people often define the second paragraph of Article 10 of the Trademark Law as? ”？ With the place name of other meaning "?" ? "What is it called?" ? The second meaning "? Actually, it is very inaccurate. You can read the article on how to judge whether the trademark of a place name has a second meaning under the author's name. In this paragraph? " ? Other meaning "and?" ? The second meaning has different legal meanings and should not be confused.

According to the famous American trademark law expert? Mccarth. Y's statement? "? "Called the second meaning? "? The meaning of "second" is because it comes from the second place, not because its importance or significance among consumers is in the second place. That is to say, a person with? ”？ Symbols of "second meaning" were originally used only as descriptive symbols. What is this? "? The first meaning "? Later, after being used, it was associated with a specific producer and became a symbol of the source of goods. This is? "? The second meaning "? . So? "? What does the second floor mean? ”？ The second "and?" ? The word "meaning" is an extremely inaccurate expression of meaning, so we need to be especially careful when understanding and using it.

In the Trademark Law, not all trademarks need to have the second meaning. Only the three types of trademarks that lack distinctive features as stipulated in Article 1 1 of the Trademark Law need to have the second meaning. Specifically, according to Article 1 1 of the Trademark Law of China, generic names, descriptive marks and other marks lacking distinctive features cannot be registered as trademarks before they have the second meaning. If these signs have a second meaning, they can be registered as trademarks. This means that when judging whether a trademark has a second meaning, the correct method should first determine whether the trademark belongs to the three situations stipulated in Article 1 1 of the Trademark Law. Only after a positive conclusion is reached, it is necessary to further discuss the second meaning. There is no need to discuss the second meaning of symbols with unique characteristics.

The second meaning of a trademark is a matter of fact, which needs relevant evidence to prove. Applicants usually need to prove in the following two aspects:

First of all, the logo has been used as a trademark by the applicant. As for the way, time and scope of use, there is no fixed standard at present, which is mainly judged by examiners or judges according to the spirit of trademark law and the specific circumstances of the case.

Second, the logo has been closely related to the applicant and has become a symbol or symbol of the goods provided by the applicant. What is the core value of the second meaning? "? Contact "? Consumers have regarded the mark as the source mark of the goods provided by the applicant, and it is no longer the common name or descriptive mark of all the same or similar goods. This of course also requires the applicant to prove it through evidence.

Generally speaking, if the applicant can prove that the applied trademark has been put into use as a trademark and has established a specific connection in the minds of consumers through use, the applied trademark has a second meaning.