Is Your Trademark Distinctive?

Business-minded people often seek to protect their names, logos, designs, and other brand indicators through trademark law. However, not all marks are eligible for trademark protection. Federal law requires that a trademark be "inherently distinctive" or have acquired distinctiveness or "secondary meaning" in order to be registered. These terms of art can be tricky to understand, and a seasoned trademark attorney is a helpful guide through the trademark process.

CATEGORIZING TRADEMARKS BY DISTINCTIVENESS

Trademarks fall into one of five categories, from least to most distinctive:

1. Generic;
   1. A generic trademark is a word or phrase that becomes the common term for an entire class of goods or services over time. For example, Kleenex and Band-Aid are now generic marks.