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Distinctive Sign

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By Anonymous writer - Glossary

A distinctive sign is a sign which allows a product or service to be distinguished from those of its competitors.

Pursuant to Article L.711-2 of the Intellectual Property Code, a ‘distinctive’ sign is one which is neither necessary, generic nor ordinarily used to designate products or services covered and which does not designate a characteristic of a product or service.

The distinctive character of a sign, sufficient to constitute a trademark, is determined based on the products or services it seeks to designate at the time of registration. In certain circumstances, the trademark can also become distinctive through use.

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