15.10 Infringement-Elements-Validity-Unregistered Mark-Distinctiveness is the legal term used to describe the criteria a trademark must meet in order to be valid and protected from infringement. This includes that the mark must be distinct from other marks in the marketplace, it must not be generic or descriptive, and it must not be confusingly similar to another mark. Furthermore, the mark must be unregistered, meaning that it has not been registered with the USPTO or other applicable trademark office. There are two types of distinctiveness: inherent distinctiveness and acquired distinctiveness. Inherent distinctiveness is when a mark is inherently distinctive, meaning that it is inherently capable of distinguishing the goods and services of one entity from those of another. Acquired distinctiveness is when a mark has acquired distinctiveness, meaning that the mark has become associated with a particular product or service due to its use in the marketplace.