What Makes a Good Trademark?
The nature of the particular terms used as a Trademark or Service Mark (collectively referred to herein as a “Trademark”) is extremely important from the standpoint of (1) initial registrability and (2) lasting viability of the mark, since the mark must be capable of distinguishing similar services of different users. In evaluating the nature of a mark, terms (marks) can be placed into four general categories: (1) distinctive marks; (2) suggestive marks; (3) merely descriptive terms; and (4) generic terms. Generally, the most easily Registrable and protectable marks are those which are considered “distinctive”. Distinctive marks often include arbitrary and/or fanciful terms and are unmistakably capable of identifying one applicant’s goods (services) without any likelihood of causing confusion to the public. At the opposite end of the spectrum are Generic terms, which will never be capable of Registration. A Generic term is a term, the meaning of which is synonymous with the goods (serv
