Revista chilena de derecho
On-line version ISSN 0718-3437
SCHMITZ VACCARO, Christian. DISTINCTIVENESS AND USE OF TRADEMARKS. Rev. chil. derecho [online]. 2012, vol.39, n.1, pp. 9-31. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372012000100002.
In today's global economy is essential to differentiate the own products from competitors ones. It is therefore fundamental to have a brand that has distinctive capacity, since it is this that enables consumers to identify the commercial origin of the product or service. Distinctiveness is a feature, function and requirement for registration of trademarks. It is a flexible and dynamic concept, which varies according to the use of the trademark sign. In that sense, the way of how to use the sign determines its distinctiveness, creating, increasing or even loosing the trademark, which could affect the registration of trademark. This is the basis of the close link between use of the mark, its distinctive capacity and trademark registration.
Keywords : intellectual property; trademark; distinctiveness; proper trade markusage.