Sentence examples for acquired distinctiveness from inspiring English sources
The degree of inherent or acquired distinctiveness of the famous mark.
Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.
Despite the fact that consumers know a Kit Kat when they see one, the advocate general has said that the court needs to see evidence of a level of acquired distinctiveness way beyond 'mere recognition'".
"Therefore, if it is necessary to show that consumers have come to rely on the shape mark in order to distinguish the trade source of the goods at issue, the claim of acquired distinctiveness fails".
Well, almost sold it, because the deal fell through after all, according to industry watchers due to the fact that the mark has not yet acquired distinctiveness for any of the applicants – including AOL – following a recent examination.
But distinctiveness is difficult to evaluate in practice: assessments of "inherent distinctiveness" are highly subjective, survey evidence is expensive and unreliable, and other measures of "acquired distinctiveness" such as advertising spending are poor proxies for consumer perceptions.
Indeed, sometimes vague visual forms that are distinctively named are easier to discriminate (acquired distinctiveness).
However there is a recent history in the UK of new mental health workforce roles that have not acquired the distinctiveness originally envisaged as they have been implemented across services nationally [ 45].
The design or packaging of a product may acquire a distinctiveness which serves to identify the product with its manufacturer or source; and a design or package which acquires this secondary meaning, assuming other requisites are met, is a trade dress which may not be used in a manner likely to cause confusion as to the origin, sponsorship, or approval of the goods.
Unlike packaging and other elements where trade dress protection may be acquired through "inherent distinctiveness," trade dress protection of an apparel design requires distinctiveness to be acquired through "secondary meaning," a process whereby consumers come to recognize the design as a source identifier over a period of time.
