What are protected marks, and what are the four marks that qualify for protection under the Lanham Act? Cite a specific example of a distinctive mark.
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Trademark law protects marks. Marks can be words, names, symbols or devices. They come in several classes:
In order to serve as a trademark, a mark must be distinctive — that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic.
An arbitrary or fanciful mark is a mark that bears no logical relationship to the underlying product. For example, the words “Exxon,” “Kodak,” and “Apple” bear no inherent relationship to their underlying products (respectively, gasoline, cameras, or computers). Similarly, the Nike “swoosh” bears no inherent relationship to athletic shoes. Arbitrary or fanciful marks are inherently distinctive, i.e. capable of identifying an underlying product — and …
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