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![]() The designer must work to create a mark that is both readily associated with the product yet unique enough to qualify for trademark protection. From a legal perspective, trademarks are categorized as generic, descriptive, suggestive, or arbitrary. Generic or descriptive marks cannot be registered. Generic terms are in common everyday use (“Tissue” brand facial tissue), while descriptive marks describe the goods (“Whole Wheat” brand bread). Laudative terms (“Tasty wine”) are also frowned upon since they are considered descriptive. On the other hand, suggestive marks (like Citibank and Chicken of the Sea) merely allude to the goods rather than describing them. Arbitrary or fanciful marks (like Kodak and Polaroid) make no reference to the goods with which they are used. Generally, the more “fanciful” or “arbitrary” a trademark is in relation to the goods it is associated with, the stronger its distinctiveness. However, a careful balancing is necessary – what makes an effective trademark from a legal perspective has nothing to do with its design attributes. Good designers rely on us to help them create great designs that are also strong trademarks.
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