ARTICLE
21 June 2021

EXCLUSIVE RIGHTS: Intellectual Property — Descriptive V. Distinctive: How To Brand Your Business And Products (Podcast)

M
Mintz

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, patent attorney Lily Zhang talks with trademark attorney Karen Won about the age-old choice between adopting...
United States Intellectual Property

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, patent attorney Lily Zhang talks with trademark attorney Karen Won about the age-old choice between adopting descriptive brands or distinctive brands for businesses and products. As Karen tells us, trademark law is more art than science. Why is it that "bagel thins" can eventually become a trademark, but "pretzel crisps" can never be a trademark? Great question! The answer lies in trademark law's five categories into which all brand names can be sorted, each of which comes with different levels of legal protection and enforceability:

  • Fanciful: Very broad, strong rights – completely invented
  • Arbitrary: Broad, strong rights – an existing word that has no relation to the use
  • Suggestive: Usually broad, strong rights – alludes to something about the product you are offering without spelling it out, but the boundary line with a descriptive mark is tricky
  • Descriptive: No initial protection – immediately conveys information about your product, business, or both
  • Generic: No protection ever

Listen to learn more about what these categories mean for you and best practice tips for naming your next product or business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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