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Types of Trademarks
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The information provided in this video does not, and is not intended to, constitute legal advice, instead, all information, content, and materials available on this site are for general informational purposes only. The law changes fast, so information in the video may not constitute the most up-to-date legal or other information. 
Transcript

In general a name is more likely to be protectable as a trademark the more abstracted it is from the product or service it’s being used in connection -, the more distinctive it is.  

In other words,  the less descriptive it is, the easier it is to protect . The more descriptive it is, the harder. 

The strongest kind of marks are called “fanciful” or “arbitrary.”  A fanciful mark is completely made up - like Xerox, or Rolex (they don’t all have to have end with X).

An arbitrary mark has nothing to do with the product or or service - like “Pelican Fruit Juices,” Treehouse Brewery, or…. Apple computers.  

A “suggestive” trademark gives the consumer some idea of what it is.   In legalese - the consumer has to make “several mental leaps” to determine what the product is. Like Netflix, Coppertone, or Playstation. These are not as strong as fanciful or arbitrary marks - but still protectable (as long as the name is available in your market, of course).

Now things get tougher.  

A descriptive trademark, you guessed it, describes the product or service, or an aspect of it.  Like American Airlines, or the Hot Coffee Company. 

Even less distinctive is generic names - an apple stand called “Apple” would be generic, though it’s arbitrary (and a much stronger mark) for a company that sells computers and phones.

Generic terms are never protectable; and descriptive names are not initially protectable as a trademark (though they can potentially acquire distinctiveness over time and sometimes be protectable).

To recap - trademark types in order of strength: 

Fanciful (a made up word) or Arbitrary (has nothing to do with the product) - these are equally strong

Suggestive (gives a clue as to what the product is)

Descriptive (describes the product)

Generic (a basic word for the product)

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