Not all trademarks are created equal. As a matter of fact,  trademarks break down into 4 categories. The very weakest is generic trademarks. Next, is descriptive trademarks. Then one step up from that is suggestive trademarks. Finally,  fanciful or arbitrary are the strongest trademarks.

What is a Generic Trademark?

That is to say, a commonly used term to describe goods or services is a generic trademark. For instance, shoes are a good example of this. If you are trying to sell shoes and you want to use the term “shoes” as your trademark, you can’t. Considering, you can’t have a protectable trademark registration over “shoes.”  In other words, generic terms similar can never be trademark protected. Right after generic trademarks is descriptive trademarks.

What is a Descriptive Trademark?

Next, a trademark that describes the quality, ingredients or characteristics is a descriptive trademark. “Cold and creamy” for ice cream would be a an example of a descriptive trademark. Seeing that the words “cold” and ‘creamy” describe what the ice cream is. The same can be said for “lavender” and “mint” for the scent of a perfume. The description tells you what to expect with the product.

To conclude, you can learn more about the other types of trademarks on the new episode of All Up In Yo’ Business. Check out the full video to also get insight into the v. USPTO case. And be sure to subscribe to our YouTube channel for more All Up In Yo’ Business!

Want to learn more about trademarks? Check out: Can Lebron Trademark Taco Tuesday?

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