Spectrum of Distinctiveness: Fanciful, Arbitrary, Suggestive, and Descriptive Trademarks
October 19, 2021
Arthur J. DeBaugh Ryan M. Gaylord
TMC (Trademark, Marketing & Copyright) Blog
What’s the difference between a ROLEX brand timepiece and a HONEY BAKED HAM brand holiday ham? The answer is more than just whether they would make for an enjoyable Easter dinner. One is a strong, fanciful trademark and the other is constantly in danger of becoming generic. This difference in distinctiveness significantly affects the intellectual property protections that each mark receives.