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What is the "Spectrum of Distinctiveness"?

Founder & Trademark Attorney

The Spectrum of Distinctiveness is used to assess how protectable a given mark is. Marks are placed on a spectrum from weakest to strongest based on how directly they relate to the goods or services they identify. The spectrum comprises five categories:

Generic: these are common names or synonyms for the goods or services you provide (e.g., "Phone" for a phone). These types of marks aren’t registrable at all. Even with acquired distinctiveness.
Descriptive: these describe a characteristic of the goods or services you offer (e.g., "Cold and Creamy" for ice cream). They aren’t registrable if you can’t prove acquired distinctiveness.
Suggestive: hints at a quality without describing it directly (e.g., "Netflix"; implies streaming). Registrable without additional proof.
Arbitrary: a real word used in an unrelated context (e.g., "Apple" for computers). Strong protection.
Fanciful: an invented word with no prior meaning (e.g., "Kodak"). Strongest protection.

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