Lesson 10: Types of Trademarks

Welcome to Lesson 10: Types of Trademarks as part of our instructable on Exploring Intellectual Property Law. In this lesson, we will delve into the various categories of trademarks and their specific characteristics.

What is a Trademark?

Before we explore the types of trademarks, it's essential to understand what a trademark is. A trademark is a recognizable sign, design, or expression that distinguishes products or services of a particular source from those of others. For more details, please refer to our lesson on What is a Trademark.

Categories of Trademarks

Trademarks can be categorized into several types based on their distinctiveness and use:

• Generic Marks: Refer to common names or terms that the public uses to describe a product or service. Generic marks are not protected under trademark law.
• Descriptive Marks: Describe a characteristic or quality of a product or service. They are not inherently distinctive and can only be protected if they acquire a secondary meaning.
• Suggestive Marks: Suggest a characteristic of a product or service and require imagination to connect with the product or service. They are inherently distinctive and protected.
• Arbitrary Marks: Use common words in an unrelated context. For example, "Apple" for computers. They are inherently distinctive and protected.
• Fanciful Marks: Invented words with no prior meaning. For example, "Kodak" for cameras. They are inherently distinctive and highly protected.

Hierarchy of Distinctiveness

The distinctiveness of trademarks can be understood better through the following diagram:

Generic Marks

Generic marks refer to the general category or class of products or services. For example, the term "Bicycle" for a two-wheeled vehicle. Since generic marks are common terms, they are not eligible for trademark protection.

Descriptive Marks

Descriptive marks explicitly describe a feature, quality, or characteristic of the product or service. For instance, "Cold and Creamy" for ice cream. These marks are not inherently distinctive but can gain protection if they acquire a secondary meaning over time.

Suggestive Marks

Suggestive marks require the consumer to use their imagination to connect the mark to the product. For example, "Coppertone" for sunscreen. These marks are inherently distinctive and are eligible for trademark protection without needing secondary meaning.

Arbitrary Marks

Arbitrary marks use common words in a context that has no relation to the product's characteristics. For example, "Apple" for electronics. These marks are inherently distinctive and protected under trademark law.

Fanciful Marks

Fanciful marks are made-up or invented terms with no existing meaning. For example, "Kodak" for cameras. These marks are the most distinctive and enjoy the highest level of protection.

Further Reading

For a detailed examination of the trademark registration process, visit our next lesson on Trademark Registration Process. Also, explore more about intellectual property law in the Categories of Intellectual Property lesson.