Distinctiveness and Distinctive Brand Signs

Distinctiveness: The Distinctive Signs of a Brand must differentiate it from its products or services.

A brand name cannot be validly protected if it describes its activity.

For this reason, we speak of the need for the distinctive signs of the trademark for its filing and protection.

For example, the name Flower can be used for a restaurant but not for a florist.

The distinctive signs of a trademark are therefore mandatory in order not to deprive a retailer of the right to use a sign that is customary and necessary for the presentation of his products/services to consumers.

In this context, it is important to specify which products and services you wish to protect and compare them with your brand in order to ensure that it is distinctive.

Descriptive Mark and logo considered as Distinctive Sign, a relative protection.

It should be noted that it is possible to register a descriptive mark, if it contains a fairly distinctive logo. However, despite registration, protection will be reduced. Therefore, it is always recommended to register a distinctive mark.