WHAT IS THE SPECTRUM OF DISTINCTIVENESS AND HOW DOES IT AFFECT TRADEMARK PROTECTION?

INTRODUCTION

The trademark performs the role of identifying the goods of a particular manufacturer and gives an indication of its origin or establishes a connection in the course of trade. It signifies the product’s quality and serves as a representation of the business’s reputation and trustworthiness. Also, a trademark advertises the product and protects the user and/or purchaser from confusion and deception by identifying the source or origin of particular goods and services and distinguishing them from other similar products. If consumers believe that all items bearing the symbol come from the same source, the said symbol has acquired the ‘source-identifying’ property of a trademark. The trademark serves to distinguish the goods of one enterprise from those of others, so, in order to function as a trademark, it must be distinctive. A sign that is not distinctive cannot help the consumer to identify the goods of his choice. The word "apple" or an Apple device cannot be registered for actual apples, but it is highly distinctive for computers. This shows that distinctive character must be evaluated in relation to the goods to which the trademark is applied. The distinctiveness of a sign is not an absolute and unchangeable factor. It is a purely circumstantial matter. The recognition of the mark can be gained, strengthened, or even lost depending on the actions of the user or third parties.

CLASSIFICATION OF TRADEMARKS ON THE BASIS OF DISTINCTIVENESS

In the 1976 case Abercrombie & Fitch Co. v. Huntington World Inc., the U.S. Court of Appeals for the Second Circuit introduced a framework for categorizing trademarks based on their distinctiveness, dividing them into five general classifications.

1. Fanciful or Coined Trademarks: A fanciful mark is a letter string that has no independent meaning in the English language; they are meaningless and have no relationship with the good or service being sold. This type of marks is unique and distinctive and can be easily considered for trademark registration. These trademarks may not be the favorites of the marketing people, since they require heavy advertising investment to become known to consumers. They inherently enjoy very strong legal protection. When the meaning of the symbol used in the mark is not inherently related to the product, this lack of connection makes it easier for consumers to associate the mark with the brand over time, as repeated use creates a unique and memorable link in their minds. As a result, the symbol becomes a distinctive identifier for the product, helping it stand out in the market. Eg: Adidas

2. Generic: A sign is generic when it defines a category or type to which the goods belong. By their nature, generic marks are not distinctive. They do not warrant protection because if one seller could trademark a generic name, other sellers would be unable to describe their products and would thus be at a great disadvantage. For example, it is not permissible to use the word mark "Milk" to brand the product milk, or the generic terms "furniture" (for furniture in general, and also for tables, chairs, etc.) and "chair" (for chairs). Such marks completely lack distinctiveness, and in some legal systems, even extensive use and the development of secondary meaning are not enough for registration. This is because these terms are essential for trade and should remain available for all to use, rather than being exclusively controlled by a single entity.

3. Descriptive Marks: Descriptive signs are those that serve in trade to designate the kind, quality, intended purpose, value, place of origin, time of production, or any other characteristic of the goods for which the sign is intended to be used or is being used. Descriptive terms and symbols typically highlight specific characteristics of a product, including its purpose, size, color, ingredients, place of origin, and other related attributes. Merely descriptive, general marks do not qualify for protection. To qualify for protection, a mark must acquire a “secondary meaning.” To acquire a secondary meaning, the public must associate the mark with the manufacturer or dealer rather than the beginning product itself.

4. Suggestive Marks: A suggestive mark does not describe the product; it suggests its nature or characteristics. Even though the mark requires some interpretation, there must still be a connection between the product and the mark.

5. Arbitrary Marks: An arbitrary trademark consists of a word or symbol that has a familiar meaning, yet that meaning bears no relevance to the goods or services it represents. These trademarks employ terms or designs that are unrelated to the products or services being marketed. Although the words may have dictionary definitions, those definitions do not correspond to the items or services they are used to identify.

RIGHTS ARISING FROM TRADEMARK REGISTRATION:

· The registered owner has the exclusive right to use the trademark. the right of the owner of the mark to affix it on goods, containers, packaging, labels, etc., or to use it in any other way in relation to the goods for which it is registered. It also means the right to introduce the goods to the market under the trademark.

· The right to prevent others from using the mark is fundamental. A trademark’s primary purpose is to distinguish the owner’s goods from those of others, and the owner must be able to challenge the use of similar marks that could confuse consumers or the public. This ensures that buyers are not misled about the source of a product. The ability to object to such use is at the core of the exclusive rights granted to a trademark owner through registration, helping protect both the brand’s identity and consumer trust.

CONCLUSION

Trademark protection depends on how unique a mark is. Fanciful and arbitrary marks get the strongest protection because they’re distinctive and unlikely to be confused with others. Suggestive marks are protected but need proof that consumers associate them with the brand. Descriptive marks are harder to protect unless they’ve gained recognition through extensive use. Generic marks, being common terms, aren’t protected at all. Overall, the more distinctive a trademark, the stronger the legal protection, helping businesses build and defend their brand more effectively.