Distinctiveness

/dɪˌstɪŋkˈtɪvɪtnəs/

Definitions

  1. (n.) The quality of being inherently different from others, especially in trademarks, where it determines a mark’s capacity to identify and distinguish goods or services.
    The court upheld the trademark due to its distinctiveness, which prevented consumer confusion.

Commentary

Distinctiveness is a crucial concept in intellectual property law, particularly trademark law, where it influences registrability and protection scope.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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