question.jpgIn Trademarks

What is inherently distinctive?

One of the primary requirements for a trademark to be protectable is that it must be distinctive. Some trademarks meet this requirement by being “inherently distinctive.” These marks tend to be more creative, avoiding any actual description of the related goods and services (think about the GOOGLE mark, which bares no relation to the actual services offered by Google). Marks which are arbitrary, fanciful or suggestive are such inherently distinctive marks. Descriptive and generic marks are not inherently distinctive.