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

 

Generic    -->    Descriptive    -->    Suggestive    -->    Aribrary    --> Coined

 

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

 

Generic -- A generic term is the common term used by others to refer to a class of goods or services, regardless of the branding of the goods or services.  A generic term cannot be registered at all, because such a term is not capable of distinguishing the products or services of one business from those of another.  For example, “airline” is a generic term.

 

Descriptive -- A descriptive term is a term with a definition that is directly related to some feature, function, or intended use of the goods or services, such that the nature of the goods or services is immediately understood by consumers from viewing the mark, without any thought or imagination on the part of consumers.  For example, AMERICAN AIRLINES is considered a descriptive mark because the term American is geographically descriptive.  A mark found to be merely descriptive cannot be registered on the Principal Register without a showing of acquired distinctiveness or secondary meaning.  Merely descriptive marks can be registered on the Supplemental Register prior to establishing acquired distinctiveness or secondary meaning.  Click on the highlighted words at the end of this sentence for a table showing the differences in rights conferred between the Principal and Supplemental Register.

 

Suggestive --  A suggestive mark suggests, but does not describe, something about the relevant goods or services, and requires thought or imagination on the part of the consumer to connect the mark to the goods or services.  For example, DIEHARD for batteries suggests something about the quality of the goods, without being descriptive.

 

Arbitrary -- An arbitrary mark is a commonly known word that has no association whatsoever with the goods or services in connection with which it is used as a mark.  APPLE for computers is an example of an arbitrary mark.

 

Coined or Fanciful -- A coined or fanciful word or phrase, which has no dictionary definition or meaning outside of its meaning as a trademark, is the strongest type of mark.  EXXON is an example of a coined or fanciful mark.