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Simple English definitions for legal terms
distinctiveness
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A quick definition of distinctiveness:
Distinctiveness: This is a word that describes how special and unique something is. When a company creates a symbol or a name for their products, they want it to be distinct, so that people can easily recognize it and know that it belongs to that company. This is important because it helps the company stand out from others and helps people know what they are buying.
A more thorough explanation:
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.