In Intellectual Property Law, distinctiveness refers to the capacity of a trademark to identify the goods or services of one business and distinguish them from those of others.
It is the essential quality that makes a mark "registrable." It is generally categorized into two types:
Inherent Distinctiveness: Marks that are unique by nature, such as invented words (e.g., Kodak) or arbitrary terms (e.g., Apple for computers).
Acquired Distinctiveness: Marks that were originally descriptive or common but have gained a unique identity through long-term, exclusive use and public recognition (also known as Secondary Meaning).
Under Section 9(1)(a) of the Trade Marks Act, 1999, a mark that lacks distinctiveness is barred from registration.
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