Topical Terminology  

       

Topical Terminology > Distinctiveness



1 Definition

Distinctiveness

For Distinctiveness we have a term and definition in Trademark.



Distinctiveness (Trademark)

The ability of a mark to allow the relevant consuming public to discriminate the source of a product or service. Distinctiveness is a prerequisite to trademark registration on the Principal Register. Fanciful, arbitrary, and suggestive marks are inherently distinctive, while descriptive marks are not distinctive unless used extensively enough to develop a certain level of market awareness, called secondary meaning.




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