What is trademark distinctiveness?
The basic function of a trademark is to distinguish the source
of the goods or services. To realize such a function, the trademark
for which registration is sought must possess enough
distinctiveness to identify it as a trademark capable of
identifying the source of goods or services in the eyes of the
target market. Since only trademarks possessing distinctiveness can
distinguish the source of goods or services, distinctiveness is the
minimum and most fundamental requirement for trademark
registration.
How should the distinctiveness of a descriptive trademark be
determined?
When determining the distinctiveness of a trademark containing
descriptive elements, a method that combines an overall evaluation
of the trademark and a comprehensive survey of the trademark's
reputation should be applied.
