Why must a trademark be distinctive to be registered?
A trademark must be distinctive to be registered because its primary purpose is to identify a business enterprise and distinguish its goods or services from those offered by others.1
By serving as a unique identifier, a distinctive mark protects both the business from unfair competition and the consumer from imitations, ensuring that the public can rely on the mark to indicate the origin and expected quality of a product. If a mark is not distinctive, it fails to perform this essential function of distinguishing the source of goods.1
In some instances, a mark that lacks initial distinctiveness may become registrable over time if the public develops a secondary meaning, creating a specific association between the mark and the product. Conversely, if a trademark becomes a generic term in the public's mind, it may lose its legal protection, as it no longer serves to distinguish the goods of one holder from those of another.1