Principle

INTELLECTUAL PROPERTY LAW — Trade Marks — Distinctiveness as Prerequisite for Protection

Area of law
INTELLECTUAL PROPERTY LAW
Court
Supreme Court

Distinctiveness is the essential prerequisite for trade mark protection. A mark must identify and distinguish the proprietor's goods from those of others. Distinctiveness may be inherent (unique from inception) or acquired through extensive use and notoriety in the trade. Without distinctiveness, a mark cannot qualify…

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