| The imprecise semantics of the expression of "no alteration on distinctive features" has led to the uncertainty in the determination of the use of registered trademark, which in turn affects the anticipation relating to the confirmation, maintenance and protection of the exclusive right to the use of trademark and encourages market opportunism. In fact, the legal concept contained in "no alteration on distinctive features" indicates that, from the perspective of rational and specific consumers, an actually used trademark logo should have the same identification effect as a registered trademark. This legal concept corresponds to the conditions of what should be judged as "no alteration on distinctive features" or their combinations found through the qualitative comparative analysis of 405 relevant judicial decisions. The benchmark types of determination of "no alteration on distinctive features" include using registered trademarks as a combination, adding or deleting related elements, changing decorative elements, replacing fonts and character patterns, changing the arrangement of elements or any combination thereof, and any of them must clearly refer to the registered trademark without causing confusion among consumers. Right confirmation judgements also recognize the simultaneous use of a registered trademark and an altered trademark logo. In forming the judgment of "no alteration on distinctive features", the competition necessity test, the stable correspondence test and the expression need test should be used to define public related elements, alternative related elements and decorative elements, respectively. In the judgment of the same identification effect, factors such as explicit reference, consumer cognitive habits and trademark law order should be evaluated. |
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