Trademark registration can be granted on distinctive
names, logos and slogans. Marks may be inherently distinctive
because they are original and unique, or may become a strong
mark over time or as a result of a marketing campaign. Inherently
distinctive marks may be:
suggestive or evocative marks - made-up
words that suggest or evoke qualities of the product or service
(Slim-Fast, Expedia)
coined or fanciful marks - arbitrary made-up
words (Exxon, Kleenex, Viagra)
arbitrary marks - words that are surprising
or unexpected in the context of their use (Sprite soft drink,
Amazon online bookstore)
unique logos or symbols - distinctive typography
or artwork (McDonald's golden arches, the Playboy bunny, IBM's
logo)
Marks that describe a feature of the product, or that are
based upon a person's name or geographical location, are generally
unprotectable. However, once the owner can demonstrate public
awareness of the mark through advertising, product sales or
other means, then it develops a "secondary meaning"
and may be registered. Examples include:
people's names (Ben & Jerry's, Calvin
Klein, Procter & Gamble)
geographic terms (Bank of America, New York
Life)
words that describe the product or service
- (Burger King, Jiffy Lube)
slogans - "Just do it" (Nike),
"We do chicken right" (KFC), "Quality is job
1" (Ford)
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