Legal Definitions - distinctiveness

Definition: Distinctiveness refers to the quality of a trademarked word, symbol, or device that identifies the goods of a particular merchant and distinguishes them from the goods of others. It is also known as acquired distinctiveness.

Examples: A good example of distinctiveness is the Nike "swoosh" logo. When people see the swoosh, they immediately associate it with Nike and their products. Another example is the McDonald's golden arches. The arches are a distinctive symbol that identifies McDonald's and sets it apart from other fast-food chains.

Explanation: In both examples, the trademarks are unique and easily recognizable. They have become associated with the respective companies and their products, making them distinctive. This quality helps consumers identify and differentiate between different brands and products in the marketplace.