Understanding Types of Trademarks

A trademark is a symbol, word, phrase, logo, or other design that distinguishes the goods or services of one company from those of another. Trademarks are an important aspect of intellectual property protection to safeguard a company’s brand and prevent confusion in the average consumer. In this blog, we will discuss the various types of trademarks and their characteristics.

Understanding Types of Trademarks

Trademarks can be classified into several types based on their distinctive features and the nature of the goods or services they represent. From weakest to strongest, trademarks can be categorized into five distinct types: generic, descriptive, suggestive, fanciful, or arbitrary. This classification enables us to differentiate between trademarks that are likely to be registered and those that will likely face obstacles in the process.

Generic Trademarks

These are common names or terms that describe the general category of a product or service. Generic terms are ineligible for trademark protection due to their inherent lack of distinctiveness, as they merely denote the general category of a product or service. Furthermore, competitors possess an equal right to utilize common words in describing the goods they offer, thereby rendering generic terms unprotectable. For example, "Computer" cannot be registered as a trademark for computers.

Descriptive Trademarks

These trademarks directly describe a characteristic, quality, or feature of the goods or services. For example, "Vision Center" for an optical store. Descriptive trademarks are highly susceptible to challenges from competitors. To gain acceptance and registration, these marks must possess a level of distinctiveness that unequivocally identifies them as a singular source of goods or services. They have a lower level of distinctiveness but can acquire trademark rights if they develop secondary meaning over time.

Suggestive Trademarks

Suggestive trademarks indirectly connote or suggest a quality, characteristic, or feature of the goods or services, without directly describing it. They require some imagination or thought to understand the connection. They are considered inherently descriptive trademarks, meaning that they are entitled to moderately strong legal protection. For example, "Netflix" for an online streaming service, or “Pac Sun” for apparel.

Arbitrary Trademarks

Arbitrary trademarks consist of common words or symbols used in a manner unrelated to the product or service being offered. These trademarks have a high level of distinctiveness because the connection between the mark and the goods or services is arbitrary. For example, "Apple" for computers and consumer electronics, or “Camel” for cigarettes.

Fanciful Trademarks

Fanciful trademarks are entirely invented words that have no dictionary or common meaning. They are often created by combining existing words to form a new one or by making up a new word to identify the goods or services. They are inherently distinctive and offer a high level of trademark protection. This means that they are more likely to be accepted for registration than trademarks that are based on existing words. For example, "Xerox" for copiers.

Conclusion

In conclusion, there are many different types of trademarks available to businesses and organizations. Each type of trademark has its advantages and disadvantages, so it is important to consider them carefully when deciding which type of trademark is the best fit for a particular brand. With the right choice, businesses can create strong trademarks that will help set them apart from the competition. Moreover, the registration process for a strong mark will be more likely to succeed.