Proof of acquired distinctiveness

A sign can in general only be registered as a trademark if it is distinctive for the goods and services claimed. Signs, which could be seen descriptive for a feature of the goods and services claimed, such as their quality, quantity or price, are not distinctive. The same holds for trivial graphic elements, such as simple geometric figures or abstract colors: these signs cannot be registered as trademarks as such.

In order to achieve trademark protection for such signs anyway, it must be shown that the relevant public interprets the sign as an indication to a specific undertaking due to its use on the market. In such a case, the sign has acquired distinctiveness for its owner through extensive use on the market. The respective evidence is known as proof of acquired distinctiveness.

We have comprehensive experience in the compilation of proof of acquired distinctiveness documents. We also regularly cooperate with market research agencies in order to create expert opinions to prove acquired distinctiveness. Allow us to consult you – your company might have acquired distinctiveness for its signs as well.

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