13.1.2.2.1 Validity Trademarkar— - Inherent Distinctiveness -- Fanciful, Arbitrary, and Suggestive Marks: This form of trademark validity refers to the inherent distinctiveness of certain types of trademarks, such as fanciful, arbitrary, and suggestive marks. Fanciful marks are made-up words that have no real-world meaning, such as "Kodak" or "Xerox". Arbitrary marks are words that exist in the real world but have no connection to the goods or services they are used to identifying, such as "Apple" for computers. Suggestive marks are words that have a connection to the goods or services they are used to identifying, but don't directly describe them, such as "Coppertone" for sunscreen. These types of trademarks are inherently distinctive and are afforded the highest level of protection by the courts.
13.1.2.2.1 Validity - Trademark - Inherent Distinctiveness -- Fanciful, Arbitrary, and Suggestive Marks
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FAQ
An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples.
An inherently distinctive trademark is a mark that lacks descriptive wording in relation to your goods or services. It's tempting to choose a name or term that describes a quality or characteristic of your product. Resist that temptation and try to come up with a mark that is fanciful or imaginative.
Suggestive trademarks are words that suggest some quality of the goods or services, but don't state that quality of the goods or services outright. Consider Coppertone® for sun-tanning products.
Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. A generic trademark actually doesn't qualify for a trademark unless it includes more specific detail.
Devices that are fanciful, arbitrary, or suggestive are considered distinctive enough to function as trademarks. On the other hand, if a device is descriptive, the device can function as a trademark or service mark only if it has obtained secondary meaning. Generic devices can never be a trademark.
The Four Types of Trademarks Generic. Descriptive. Suggestive. Arbitrary or Fanciful.
Like fanciful marks, arbitrary marks are those trademarks or service marks that consist of a word or symbol that has nothing to do with the products or services being offered. Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning.