1 Gilson on Trademarks § 2.04


Summary

  • [01] In General

    Suggestive, arbitrary and fanciful marks are considered to be inherently distinctive and protectable without a showing of secondary meaning. Nevertheless, the characterization of a mark as suggestive, arbitrary or fanciful has consequences beyond validity. Suggestive marks are given a narrower scope of protection from infringement than arbitrary and fanciful marks.

  • [1] Suggestive Trademarks

    In contrast to descriptive terms, suggestive marks are inherently distinctive and thus protectable as trademarks. They are presumed to be valid and may be registered on the principal register without proof of secondary meaning.1Link to the text of the note

    These terms merely imply or suggest, but do not explicitly...