Trademark distinctiveness
Trademark distinctiveness is the capacity of a sign to identify the commercial origin of goods or services and distinguish them from others.
Distinctiveness is a central condition for trademark protection. A sign must enable consumers to recognize goods or services as coming from a particular undertaking and to distinguish them from those of competitors. Descriptive, generic or customary signs usually lack inherent distinctiveness unless they have acquired distinctiveness through use. In Switzerland, distinctiveness is assessed for the specific goods or services and relevant public. Stronger distinctiveness also broadens the practical scope of protection, while weak marks receive narrower protection.