Understanding Trademark "Distinctiveness"

5 Jul

Navigating the trademark registration process in Canada requires a grasp of some crucial terms. One of the big ones is "distinctiveness." Understanding this concept is key for a successful trademark application.

In this blog post, we explain the concept of distinctiveness and its influence on your trademark journey.

What is Distinctiveness?

In trademark terms, "distinctiveness" is about how unique or original your trademark is. A distinctive trademark is something that sets your product or service apart from others. It's that special something that makes consumers instantly associate your trademark with you and what you sell.

The Impact of Distinctiveness on Your Trademark Application

The Canadian Intellectual Property Office (CIPO) places a high value on distinctiveness when reviewing trademark applications. If your trademark is distinctive, it stands a good chance of being approved. This is because a distinctive trademark reduces the risk of confusion for consumers since it's clear where the product or service comes from.

On the flip side, if your trademark lacks distinctiveness, your application could be rejected. This is where the concept of "descriptiveness" sometimes also comes into play.

Descriptiveness – A Barrier to Distinctiveness

While "distinctiveness" is the quality that sets your trademark apart, "descriptiveness" is a trait that could lead to your trademark being seen as too ordinary or generic. A descriptive trademark is one that directly describes the goods or services it represents. For example, calling a fruit selling business "We Sell Apples" would likely be considered descriptive.

Descriptive trademarks often face objections because they lack distinctiveness. If a trademark merely describes the product or service, it doesn't make it stand out from others in the market. It's hard for consumers to associate it with a particular source, which defeats the purpose of a trademark. As such, CIPO generally frowns upon descriptive trademarks and often rejects them.

Conclusion

Overall, when you're planning to register a trademark, remember: aiming for distinctiveness is key. Try to avoid overly descriptive terms and images, as it can make your trademark too ordinary and reduce its chances of being registered.

Ultimately, your goal should be to create a unique, memorable trademark that instantly connects with your product or service in the minds of consumers. By doing so, you increase the likelihood of sailing through the registration process and securing the strong brand identity you're aiming for.