Not all trademarks are created equal. A potential mark must be distinctive enough to allow consumers to distinguish the applicant’s goods or services from the goods and services of others. When reviewing a trademark application, trademark examiners analyze where the mark falls on a spectrum of distinctiveness. The more distinctive the mark, the easier it will be to register and the broader the scope of protection.
The spectrum of distinctiveness can be helpful when considering prospective trademarks. Distinctiveness is only one consideration, and it is a good idea to consult with an knowledgeable attorney before spending money on branding your business and your products.
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