The four levels of distinctiveness (by strength):
1. Generic: Not protected. The general name as to which something is called (identifies the product). No amount of money or proof or secondary meaning can make it a valid trademark.
Examples of common words that were once trademarks: escalator, yo-yo
2. Descriptive: Can be protected if secondary meaning is proved. Conveys an immediate idea of the ingredients, qualities, or characteristics of the goods (describes the product).
3. Suggestive: Entitled to registration with little to no proof of secondary meaning. Requires imagination, thought and perception to reach a conclusion as to the nature of the goods. It still needs to be explained.
Examples: Orange Crush for soft drink, Playboy for skin mag
4. Arbitrary/Fanciful: Always protected without any proof of secondary meaning (i.e. Kodak, Pepsi). No obvious connection between product/service and the mark. Arbitrary is taking a word in usage and applying to products which have no relation (i.e. Apple for computers). Fanciful is creating a word which had never existed before (i.e. Kodak or Pepsi).
Keep the posts coming brah, looking forward to somemore.
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