Distinctiveness

To be registered, a trade mark must be distinctive.

When determining distinctive character, signs can be divided on a “Spectrum,” from ‘inherently distinctive’ to ‘wholly descriptive.

The most distinctive trade marks are “fanciful”, made-up words that are not found in the dictionary.

“Arbitrary” and “suggestive” signs can be trade marks, depending upon the way that they are used in relation to the goods/services of interest.

“Descriptive” signs can become distinctive through use.

“Generic” signs cannot be trade marks as they describe the goods/services.