13.1.2.2.3 Validity — Descriptive Trademark/TradDoeses— - Acquired Distinctiveness is a type of trademark validity which applies to descriptive trademarks or trade dress which have been used for a long period of time and have become associated with a certain product or business. This is known as “acquired distinctiveness” or “secondary meaning.” For a descriptive trademark or trade dress to be valid, it must have become so closely associated with a product or business in the minds of consumers that the descriptive element of the trademark or trade dress has been replaced by the identity of the product or business. A specific example of 13.1.2.2.3 Validity — Descriptive Trademark/TradDoeses— - Acquired Distinctiveness is the Apple logo. Originally, the logo was simply a drawing of an apple, but over time it has become so closely associated with Apple products and services that the logo is now synonymous with the company itself.
13.1.2.2.3 Validity - Descriptive Trademark/Trade Dress - Acquired Distinctiveness .
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What is a trademark, and what is a trade dress? A trademark is a recognizable identifier, such as words, designs, logos or colors associated with your business, while trade dress encompasses the visual appearance of your goods or services and packaging.
In determining whether a mark has acquired distinctiveness, the evidence is considered as a whole, guided by the following factors: (1) association of the applied-for mark with a particular source by actual purchasers (typically measured by customer surveys); (2) length, degree, and exclusivity of use; (3) amount and
Apple is another good example of a trademark that acquired distinctiveness through use. While the word 'apple' has a primary meaning, it also has a secondary connotation that many people are familiar with. This acquired secondary meaning is exclusive to a certain computer brand, not to computers in general.
To establish acquired distinctiveness, the survey must show that the consuming public views the proposed mark as an indication of the source of the product or service.
Trademarks which are arbitrary (random) or fanciful (made up words) are considered to be the most distinctive.
To establish acquired distinctiveness, the evidence must show (1) that a family of marks exists in that the claimed collection of marks shares a recognizable common characteristic that is distinctive and has been promoted in such a way as to create recognition among the purchasing public as a source indicator for the
They are prima facie registrable since they're considered inherently distinctive. Common examples include Kodak®, Exxon®, Polaroid® and Pepsi®. None of these terms were listed in dictionaries prior to their commercial use as trademarks.
Acquired distinctiveness is a claim that can be made when registering a trade mark that is not distinctive per se but that has become distinctive as a consequence of its use on the market.