Acquired distinctiveness, also known as distinctiveness, is the characteristic of a trademarked word, symbol, or device that distinguishes the goods of a specific merchant from those of others. It signifies that the trademark has gained recognition and is now closely linked to a particular brand.
Acquired distinctiveness is the quality of a trademarked word, symbol, or device that sets apart a merchant’s goods from those of others. For instance, the Nike “swoosh” logo distinguishes Nike’s products from other athletic brands. Through extensive use and marketing, the Nike swoosh has gained distinctiveness, making consumers associate it specifically with Nike and their products. This is important in trademark law as it allows the owner to protect their brand from infringement by others. By establishing acquired distinctiveness, a trademark owner can show that their mark has become a valuable asset deserving legal protection.
Acquired distinctiveness is a legal concept that refers to the ability of a trademark to become distinctive through use in commerce.
A trademark can acquire distinctiveness through continuous and extensive use in commerce, advertising, and marketing efforts.
Acquired distinctiveness is important in trademark law because it allows a trademark owner to claim exclusive rights to a mark that was not initially distinctive.
Yes, a descriptive mark can acquire distinctiveness through extensive use and recognition in the marketplace.
The time it takes for a mark to acquire distinctiveness varies depending on the mark and the extent of its use in commerce.
Yes, a mark can lose its acquired distinctiveness if it is not used consistently or if it becomes generic.
Inherent distinctiveness refers to a mark’s ability to distinguish itself from other marks without any use in commerce, while acquired distinctiveness refers to a mark’s ability to become distinctive through use in commerce.
Yes, a foreign mark can acquire distinctiveness in the United States through use in commerce and recognition in the marketplace.
Yes, a mark can be registered without acquired distinctiveness if it is inherently distinctive or if it has secondary meaning.
Secondary meaning is a legal concept that refers to a mark’s ability to acquire distinctiveness through association with a particular product or service in the minds of consumers.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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