Trade Mark’s Distinctiveness: the Issue of the Definition

Abstract

The article deals with the concept of trademark’s distinctiveness, which refers to determining properties of this object of intellectual property. The author draws attention to the discrepancy between domestic understanding of the distinctive character of trade mark and approaches of the European Union. Based on the nature of trademark it has been proposed to divide the distinctiveness ability of this object of intellectual property into abstract and specific.Abstract distinctiveness has declared as suitability of the trade mark namely as sign (symbol) differ and perceived by anyone and satisfy the requirements of uniqueness (the ability to perceive and remember in the minds of unspecified persons through a single act of cognition) and self-sufficiency (be functionally independent from the goods). The specific distinctiveness is ability of trade mark to differ in the composition of the body (designation and designated by it a particular product (service) and perceived by concerned these goods (services) persons (average consumers).