Legal Definitions - acquired distinctiveness

Acquired distinctiveness refers to a legal concept in trademark law where a word, phrase, design, or other identifier that was initially considered merely descriptive or generic for a product or service, or even a common surname, has gained a secondary meaning in the minds of the public. This secondary meaning means that consumers have come to associate that identifier specifically with a particular company as the source of goods or services, rather than just the product or service itself.

Essentially, a mark that wasn't inherently unique or distinctive when first used can become so over time through extensive use, advertising, and public recognition. Once a mark acquires this distinctiveness, it can be registered and protected as a trademark, preventing others from using similar marks in a way that would confuse consumers.

• Example 1: "Best Buy" for an electronics retailer

  The phrase "Best Buy" is inherently descriptive; it suggests that consumers can find good deals or high-quality products. Standing alone, it wouldn't typically qualify for trademark protection because any store could claim to offer the "best buy." However, through decades of widespread advertising, numerous store locations, and consistent service, the company operating under this name has successfully educated consumers to associate "Best Buy" specifically with its particular chain of electronics stores. As a result, the phrase has acquired distinctiveness, meaning the public now recognizes it as a brand identifier for that specific retailer, not just a general statement about good value.

• Example 2: "Kentucky Fried Chicken" for a fast-food chain

  The words "Kentucky" (a geographical location) and "Fried Chicken" (a descriptive term for a food product) are not inherently distinctive. Many places in Kentucky might sell fried chicken. However, the company known as KFC has, through extensive and continuous use of "Kentucky Fried Chicken" (and its abbreviation KFC) across countless restaurants, advertising campaigns, and product packaging for many decades, created a strong association in the public's mind. Consumers worldwide now instantly recognize "Kentucky Fried Chicken" as referring to that specific fast-food chain and its unique recipes, demonstrating that the combination of these descriptive terms has acquired distinctiveness.

• Example 3: The unique shape of the Coca-Cola bottle

  Generally, the shape of a product's container is considered functional or aesthetic, not a brand identifier. However, the distinctive contour bottle used for Coca-Cola soft drinks is a prime example of acquired distinctiveness for a non-word mark. Over more than a century of consistent use and global distribution, this specific bottle shape has become so iconic and universally recognized that consumers can identify it as a Coca-Cola product even in the dark or by touch, without seeing the label or logo. The unique design has transcended its functional purpose to acquire a secondary meaning, signifying the Coca-Cola brand itself.