Meaning of Mark, Trademark and Concept of Distinctiveness
1. Meaning of Mark
A Mark is any sign, symbol, word, letter, number, shape, color, sound, or a combination of these used to identify and distinguish the goods or services of one person or organization from those of others.
It can be visual (logo, word) or non-visual (sound).
Example: The Apple logo, the word “Google,” or the shape of a Coca-Cola bottle.
2. Meaning of Trademark
A Trademark is a type of mark that is specifically used in trade or business to identify the source of goods or services and to distinguish them from those of competitors.
It is a legal tool that grants the owner exclusive rights to use the mark.
Protects brand identity and consumer recognition.
Can be a word, logo, slogan, shape, or even a sound (e.g., Intel’s sound mark).
3. Concept of Distinctiveness
Distinctiveness is the ability of a mark to identify the goods or services of one enterprise and distinguish them from those of others.
It is essential for a mark to be eligible for trademark protection.
The more distinctive a mark is, the stronger its protection.
Types of Distinctiveness:
Inherent Distinctiveness:
Marks that are unique, fanciful, arbitrary, or suggestive by nature (e.g., Kodak, Apple).
Acquired Distinctiveness (Secondary Meaning):
Marks that are initially descriptive but have gained distinctiveness through extensive use (e.g., “Holiday Inn”).
Non-Distinctive Marks:
Generic or purely descriptive marks that usually cannot be registered unless they acquire distinctiveness.
Summary:
| Term | Meaning | Example |
|---|---|---|
| Mark | Any sign used to identify goods/services | Shape of a bottle |
| Trademark | Mark used specifically for trade/business | Nike logo |
| Distinctiveness | Ability of a mark to uniquely identify origin | “Google” (inherent), “Holiday Inn” (acquired) |
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