Trademarks must be destinctive to establish trademark rights. The law has established generally four different classes of terms. Arrayed in an ascending orer which roughtly reflect their eligibility to trademark status and the degree of protection accorded, these classes are (1)generic, (2)descriptive, (3) suggestive, and (4) arbitrary or fanciful.

Generic

A generic term is one that refers, or has come to be understood as referring, to the genus of which theparticular product is a species. For example, using "coffee" for coffee. Also, a trademark can become generic over time when the public at large begin to think of that trademark as the common name for the product or service invloved, such as asprin or escalator

A generic mark is not eligible for trademark protection.

Descriptive

Words that merely describe the product, service, ingredients, function or purpose of the goods and or services invloved are descriptive trademarks. A term is descriptive if it forthwith conveys an immediate idea of the ingredients, qualitites or characteristics of the goods. For example, "Speedy" may be descriptive for a mailcourier service.

A descriptive mark is only eligible for trademark protection if it has established secondary meaning. Secondary meaning recognizes that words that are initially descriptive may by long use with a particular product, come tobeknown by the public as specifically designating that product. As an example, one court has held that Zatarain's "Fish-Fri" while descriptive, had acquired secondary meaning.

Suggestive

A term is suggestive if it requires imagination, thought and perception to reach a conclusion as to the nature of good. This category is somewhere between descriptive terms and funciful/arbitrary. An example of a suggestive term is "Coppertone" sun screen.

A suggestive mark is eligible for trademark protection.

Fanciful/Arbitrary

These marks are the most destinctive and therefore, have the best trademark protection. Fanciful marks are made up names that convey nothing about the goods and services. Xerox and Kodak are some exapmles of fanciful marks.

Abitrary marks are words used differently than their dictionary definition and normal meaning. For example, "Apple" for computer or "Taco" for legal services.

Fanciful and arbitrary marks are eligible for trademark protection.