What is a distinctive trademark?
Distinctive marks are generally stronger and receive broader protection than descriptive or generic terms.
The trademark spectrum typically includes:
- Fanciful marks
- Arbitrary marks
- Suggestive marks
- Descriptive marks
- Generic terms
The more distinctive a mark is, the more likely it may qualify for trademark protection.
Trademark law places marks on a spectrum of distinctiveness. In general, the more unusual and brand-specific a mark is, the easier it is to distinguish from ordinary language and the stronger it may be as a source identifier. Fanciful, arbitrary, and suggestive marks are usually stronger than merely descriptive wording, while generic terms generally cannot function as trademarks for the goods or services they name.
The USPTO evaluates the mark as a whole and in relation to the specific goods or services listed in the application. A term that is weak or descriptive in one industry may have a different meaning in another, so eligibility is highly dependent on context.