First of all is necessary to make a note that the concept “distinctive ability” can be interpreted over a wide range. On the one hand is usually considered that distinctive ability of trademark are invented words and marks with a long period of use. On the other hand, there are no criteria for definition of verge behind which distinctive ability of trademark ends. In this connection in some cases is necessary to prove, that the mark has distinctive ability. Especially it concerns trademarks which were not initially registrability by descriptive designations,nevertheless, they got distinctive ability as a result of long and a intensively use, accompanied with wide advertising of the given mark. As a result trademark can get secondary meaning. It means that for consumers doesn't exist direct semantic meaning of the trademark and on the foreground is coming associations connected with this trademark and the goods/services for which it was intended.In other words you can receive a distinctive ability under condition of intensively and long use of non registrability designations.Such mark can proceed in the well-known category and receive the protected status by virtue of common knowledge.