Using Consumer Research to Measure Acquired Distinctiveness and Support Trademark Protection
Trademarks vary in distinctiveness. Some marks are inherently distinctive and receive strong protections, while others, particularly descriptive marks, require additional evidence to qualify for trademark protection.
In many cases, descriptive marks may achieve acquired distinctiveness when consumer recognition develops through extensive promotion and use. When consumers associate a mark with a single source, it may be considered distinctive. Evaluating this recognition is an essential step in determining whether a mark has developed distinctiveness over time.

