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To be protected as a trademark, the mark must be distinctive. The strength of a mark varies depending on how distinctive the mark is.
Strongest Trademarks - Arbitrary and Fanciful:
Coined (made up) words such as XEROX®;
Ordinary words not associated with the product, e.g., Sunlight® or Cascade® for dish detergent;
Considered Inherently Distinctive.
Next strongest trademarks - Suggestive:
Indirectly describe or "suggest" the goods or services they identify, e.g., Coppertone® for suntan oil;
Considered Distinctive because some thought is needed to make the connection between the mark and the product or service it identifies.
Less strong - Descriptive Marks:
Describes the product or service they identify;
Cannot be registered on Principal register unless they have attained secondary meaning, which means the public has come to associate the mark with the product or service it identifies.
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Building Two, Suite 250
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Telephone: 512-338-4601
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