Preventing and responding to trademark genericisation

By Zhang Nana, Chang Tsi & Partners
0
1832

One of the important revisions in the new Trademark Law implemented on 1 May 2014 concerns the risk of cancellation and the limitations on the safeguarding of rights when a registered trademark becomes genericised. This again pushes the hot issue of “trademark genericisation” to the forefront.

张娜娜 Zhang Nana 铸成律师事务所 客户经理、商标代理人 Client Manager, Trademark Attorney Chang Tsi & Partners
Zhang Nana
Client Manager, Trademark Attorney
Chang Tsi & Partners

Trademark weakened

As the term suggests, trademark genericisation is a phenomenon where the distinctiveness of a trademark is weakened and gradually becomes the generic name of the specific goods. Numerous trademarks that were famous for a time have tasted the bitter lesson of trademark genericisation, e.g. Aspirin, Thermos, Walkman, Jeep, and 优盘 (the Chinese characters for USB drive). It is the author’s opinion that there are three main reasons leading to trademark genericisation.

Inherently weak distinctiveness of the trademark. With a view to making their trademark appealing and seeking to draw a connection between the trademark and the goods or services for which it is designated, some enterprises will select, at the outset when designing the trademark, a representation that indirectly describes or hints at the product or the raw materials contained therein, resulting in relatively weak distinctiveness and opening an avenue for future genericisation of the trademark.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

Chang_Tsi_Logo

北京市西城区北展北街华远企业号A座7/8层

邮编:100044

7/F and 8/F, Tower A, Hundred Island Park

Bei Zhan Bei Jie Street, Xicheng District

Beijing 100044, China

电话 Tel: +86 10 8836 9999

传真 Fax: +86 10 8836 9996

电子信箱 E-mail:

nanazhang@changtsi.com

www.changtsi.com