What is distinctiveness?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Distinctiveness is a term used to refer to the uniqueness of your brand name/logo. A distinctive brand name/logo is one of the two prerequisites for successful trademark registration.

If your brand name/logo is a generic term or directly describes or refers to the products/services sold under your brand, your brand might be deemed not distinctive enough and, hence, unregistrable.

Therefore, it is recommended to receive a professional opinion on the particular brand before the application is filed, to avoid the possibility of refusal by the IP office.

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