Trademark Distinctiveness
/ˈtrædmɑːrk dɪˌstɪŋktɪvˈnɛs/
Definitions
- (n.) The ability of a trademark to identify and distinguish the goods or services of one entity from those of others, indicating the source.
A high degree of trademark distinctiveness increases the likelihood of registration.
- (n.) A classification of trademarks based on their inherent or acquired capability to function as a source identifier, ranging from generic to fanciful.
Fanciful marks are considered the strongest form of trademark distinctiveness.
Related terms
See also
Commentary
Distinctiveness is key in determining trademark protection eligibility; marks must be distinctive either inherently or through acquired meaning to qualify.
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.