In today’s crowded business world, standing out is no longer optional—it’s essential. Whether it’s your brand name, logo or slogan, your identity must be unique enough to set you apart from competitors and strong enough to qualify for legal protection.
so Yes! Trademark is Worth it
As more people become aware of intellectual property rights, trademark registrations have increased. This is largely because many businesses now offer similar products and services. Since brands are starting to look alike, protecting your unique identity has become more important than ever.
A trademark is more than a creative idea—it is a valuable business asset. But for it to be protected, it must be distinctive. Distinctiveness is what allows consumers to recognise your brand and what enables the law to protect your mark from copycats.
This article explains what makes a trademark distinctive, the categories of distinctiveness, and how to choose a mark that truly represents your brand and meets legal standards.
Table of contents
- What Is Trademark’s Distinctiveness — and Why Is It Important?
- The Spectrum of Trademark Distinctiveness
- 1. Marks With Inherent Distinctiveness
- 2. Marks With No Inherent Distinctiveness
- What Happens if a Trademark Is Not Distinctive?
- How Do You Ensure Your Trademark Is Distinctive?
- Conclusion
- Contact Us
- Disclaimer
- Written By
What Is Trademark’s Distinctiveness — and Why Is It Important?
Distinctiveness refers to a trademark’s ability to identify and distinguish the goods or services of one business from those of another.
If a trademark is not distinctive, it:
● cannot be registered,
● cannot enjoy full legal protection,
● may be difficult to enforce,
● may be challenged or opposed by another brand.
A highly distinctive trademark gives you stronger legal rights, better protection, and greater brand recognition.
A classic legal definition was provided in Re James’ Trademark:
“To be distinctive, a mark must be of such a kind that in case of infringement, it is clear that it is being infringed and that the mark is something different from all other marks used in the same class of goods.” [1]
The Spectrum of Trademark Distinctiveness
Trademarks fall into different categories depending on how unique they are. The more distinctive the mark, the stronger the protection it receives.
They fall into two broad categories:
- Marks with Inherent Distinctiveness
- Marks with No Inherent Distinctiveness
1. Marks With Inherent Distinctiveness
These marks are naturally unique. They stand out immediately and can be registered easily. They also receive the highest level of legal protection.
a. Invented (Fanciful or Coined) Marks
Words created specifically for branding — they have no meaning before adoption.
Examples:
● Google
● Pepsi
● Exxon
These are the strongest and most easily protected trademarks.
b. Arbitrary Marks
Real words used in a way unrelated to their common meaning.
Examples:
● Dove (soap)
● Apple (computers)
Because they do not describe the product, they are inherently distinctive.
c. Suggestive Marks
These hint at the product or service, but do not describe it directly. Consumers must use imagination.
Example:
● Airbus
2. Marks With No Inherent Distinctiveness
These marks describe the goods or services and are not automatically protectable.
a. Descriptive Marks
They directly describe:
● quality
● feature
● purpose
● ingredient
● function
They require acquired distinctiveness through long-term use.
Example:
● Coca-Cola
b. Generic Marks
These are common names of products or services.
Examples:
● Salt
● Bread
Generic terms cannot be registered.
What Happens if a Trademark Is Not Distinctive?
If a trademark lacks distinctiveness:
● The Trademarks Registry will refuse registration
● Third parties may challenge it
● It becomes difficult to enforce
● Your brand risks being confused with others
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How Do You Ensure Your Trademark Is Distinctive?
✔ Avoid generic terms
✔ Avoid descriptive terms
✔ Conduct a proper trademark search
✔ Seek expert legal advice
Conclusion
A distinctive trademark is the foundation of a strong brand. In a competitive business world, your trademark must be unique enough to stand out and strong enough to be protected.
Registering a distinctive mark:
● protects your brand,
● prevents consumer confusion,
● strengthens customer trust,
● safeguards long-term business value.
If you need help choosing or registering a trademark that is truly distinctive, TCorporate is here to assist.
Contact Us
🌐 Visit: www.tcorporatelegaladvisory.com
📧 Email: info@tcorporatelegaladvisory.com
📞 Phone: 08062348867, 09080119975, 09080119980
💬 Chat: WhatsApp (button at website bottom-right)
Disclaimer
This publication provides general guidance only and does not constitute professional advice.
Written By
OGHENEYOMA E. IBUJE LL.B., B.L., ACIS
NWOKOCHA, ANNASTECIA, LL.B.
Legal Associates, TCorporate Legal Advisory
