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Author Topic: What is a Distinctive TradeMark  (Read 909 times)

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Offline advgaurav.sharma

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What is a Distinctive TradeMark
« on: September 18, 2013, 07:07:41 PM »
Distinctiveness is a prerequisite to obtaining protection through the court system and for registration of a trademark.

The legal definition of distinctiveness is fairly obtuse, namely, the ability to communicate the source of goods or services to consumers immediately upon first use of a trademark. Thus, it may be more insightful to describe distinctiveness in terms of examples. A mark is "inherently distinctive" if it is:

# Fanciful, or completely made up (e.g. Colgate);

# Arbitrary with respect to the underlying goods or services (e.g. PANGUINE for Books), or

# Suggestive of the the qualities of the underlying goods or services

Some trademarks that are not fanciful, arbitrary or suggestive may become distinctive through extensive use and/or advertising.

Where such use or advertising results in a trademark permeating the marketplace, and gaining a requisite level of market recognition among consumers, then the trademark is said to have acquired secondary meaning.

As such, it is capable of receiving protection from the courts, and can be registered with the Registrar of Trademarks in the same manner as inherently distinctive marks.
Advocate Gaurav is a specialist in Trademark laws

 

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