Acquired distinctiveness refers to distinctiveness that is not inherent, but that rather develops through use of the mark over time, such that consumers associate the mark with a secondary meaning -- as an indication of source -- rather than just the term’s primary, descriptive meaning. 

 

The strength of a mark initially depends upon where it falls on the following continuum from weakest to strongest.

 

Generic    -->    Descriptive   -->    Suggestive    -->    Aribrary    -->    Coined or Fanciful

 

Suggestive, Arbitrary, and Coined marks are considered inherently distinctive and can be federally registered without a showing of acquired distinctiveness or secondary meaning. 

 

A mark found to be merely descriptive cannot be registered on the Principal Register without a showing of acquired distinctiveness or secondary meaning.