Distinctiveness

Generally, trademark law protects "distinctive" names, phrases, logos, symbols, numbers, characters, sounds, design and other marks that identify and distinguishes the source of a product or service.

Marks that are inherently distinctive are unique and immediately signal to the public that the mark represents a brand name. This is why certain trademarks are entitled to greater protection than others. The five types from strongest to weakest are:

Fanciful - Made up names that convey nothing about the product or service (Xerox, Kodak).

Arbitrary - Not made up, an everyday word but not at all related to the goods or services. An arbitrary mark has no descriptive qualities (Apple Computer).

Suggestive - Words that require some thought to relate to the product or service, or provide only a vague description of what the goods or services might be (Coppertone).

Descriptive - Words that merely describe the product, service, ingredients, function or purpose of the goods or services involved (Quick Print). A descriptive mark can be registered provided it has acquired "secondary meaning" - that the consuming public recognizes it as a brand.

Generic - Words that are the common way to describe the product or service (Coffee, Car Wash). Generic marks are not eligible for trademark protection. A mark can also become generic when the public thinks it is the common name for the product or service involved (Escalator, Aspirin).

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