When is a trademark distinctive

These trademarks are also distinctive, and they will relate to some kind of quality or characteristic of the product, but it will not actually describe it. It is often not clear-cut whether a trademark is suggestive or not. Descriptive — One step further down are descriptive trademarks, and these cross a significant boundary because they are not inherently distinctive. They can acquire distinctiveness, but they are not protectable as trademarks right away.

These trademarks describe a characteristic, quality, feature, or purpose of the goods or services. Even though "Apple" is a common English word, it was successfully trademarked for computers and related products. It was also trademarked by another company for a record label. The computer company and the record label later made an agreement that the computer company would not market music software under the name "Apple" or when using the "Apple" logo. There aren't valid reasons for not using trademark distinctiveness.

Generic marks, which are at the lowest level of the distinctiveness spectrum, use common names for products or services. Building consumer recognition for an arbitrary or fanciful mark can take several years and may require a significant marketing investment that is cost-prohibitive for start-ups and small businesses. Until there is widespread familiarity with a highly distinctive mark, it may be difficult for new customers to make the connection between the mark and the goods or services with which it is associated.

Moreover, arbitrary and fanciful marks can raise challenges when it comes to search engine optimization and social media. An experienced trademark lawyer can help a business strike the right balance between selecting a protectable trademark and practical marketing and business considerations.

Working with an intellectual property lawyer in the early stages of brand development can help ensure that trademark rights are secured, protected, and enforced if needed. Why Trademark Distinctiveness Matters A strong trademark is a valuable asset that can elevate the reputation of a company and influence consumer decisions.

What is a Trademark? What is a Service Mark? What is Trademark Distinctiveness? The Spectrum of Distinctiveness When it comes to distinctiveness, not all marks are created equally. Here are the five categories of distinctiveness ranging from lowest to highest.