INHERENTLY DISTINCTIVE
FANCIFUL (COINED):
- VERIZON for communications services
- KODAK for cameras
ARBITRARY:
- APPLE for computers
- CAMEL for cigarettes
SUGGESTIVE:
- ROACH MOTEL for boxes that attract and kill roaches
- GLASS DOCTOR for auto glass repair services
- COPPERTONE for suntan lotion
NEED ACQUIRED DISTINCTIVENESS (SECONDARY MEANING)
MERELY DESCRIPTIVE:
- CAR FRESHNER for auto interior freshener
- COMPUTERLAND for computer store
PRIMARILY MERELY A SURNAME:
- MCDONALDS for restaurants
PRIMARILY GEOGRAPHICALLY DESCRIPTIVE:
- CAROLINA APPAREL for clothing stores in North Carolina
COLOR AS MARK
- Green-gold dry cleaning pads (Qualitex)
PRODUCT DESIGN TRADE DRESS (PRODUCT CONFIGURATION)
- Seersucker clothing (Samara Bros.)
PRODUCT PACKAGING TRADE DRESS THAT LACKS SECONDARY MEANING
- Note that per Two Pesos, product packaging can be inherently distinctive (see Seabrook and Abercrombie for tests), but if the packaging lacks inherent distinctiveness, then secondary meaning must be shown.
INCAPABLE OF BEING A TRADEMARK
GENERIC TERMS:
- Always generic: BEER for beer
- Became generic: CELLOPHONE for transparent wrapping material
FUNCTIONAL MARKS
- LATHER, RINSE, REPEAT for shampoo
FUNCTIONAL TRADE DRESS
- A two-spring design for a sign (TrafFix)
FOR OTHER TYPES, see Lanham Act Sec. 2, 15 U.S.C. 1052
Revised June 14, 2017 (rev’d 8.31.21 to add link to Section 2)