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and is out of step with consumer psychology and marketing theory.

Some jurisdictions have adopted alternate approaches. For example, in China, a 2017 decision of the Supreme People's Court formally rejected the spectrum of distinctiveness in favor of an empirical test modeled on earlier court decisions, emphasizing instead that distinctiveness should be determined by assessing how the public perceives a mark in relation to the source of the goods rather than relying solely on the traditional classification spectrum.

Fanciful marks

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