Distinctiveness of a trademark

Inherent distinctiveness

Distinctiveness that manifest itself in the form of invented words or pictures, but it will not be achieved if generic or vague descriptive terms are used to describe the trademark in the application for its registration. This form of distinctiveness is known as “inherent distinctiveness”. 

What trademark is distinctive?

To be eligible for registration, a trademark must possess distinctive characteristics that cause the public and its consumers to understand that the goods bearing that trademark are different from goods originating from other sources. 

Factual distinctiveness

This raises the question of whether a trademark that is not inherently distinctive can still be registered. The answer is yes, but only if it is proved that the trademark has been used for a long enough time that it is known to the public and they are able to distinguish goods bearing the mark from the goods of other sources. This is referred to as “factual distinctiveness.”