Back to Specifics of US trademarks

How is "acquired distinctiveness" in trademark law evaluated?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

When a trademark that is descriptive has been continuously and exclusively used for over five years and has gained recognition by the public associating it with a particular set of services and goods, it might obtain "acquired distinctiveness".

There are six most important factors evaluated when speaking of acquiring distinctiveness:

  1. association of the mark with a particular source by the relevant consumers (measured by consumer surveys or consumer studies);
  2. length, degree and exclusivity of use;
  3. amount and manner of advertising;
  4. number of sales and customers;
  5. intentional copying;
  6. unsolicited media coverage of the product embodying the mark.

One of the essential and well-known cases regarding this topic was the McDonald's phrase "I'm lovin' it", first published to build the association with McDonald's products and eventually gaining recognition.

Registration icon

Register your trademark in 3 simple steps

Trademark registration process made seamless, thanks to our experienced trademark attorneys and technology.

Related questions

Related articles

Metaverse

Miley Cyrus joins Rihanna, Snoop Dogg, and Paris Hilton onboard the metaverse trademark hype train

Many celebrities, including Rihanna, Snoop Dogg, Paris Hilton, and, most recently, Miley Cyrus, have been showing interest in the metaverse with their newly registered trademarks. Metaverse is said to offer a new way to bring music or products to people who cannot physically attend their stores or concerts or who simply prefer to enjoy them from the comfort of their homes. What is behind this trend and why do celebrities find it so appealing?

Explore all resources

Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.

Help