Picking a Name: Types of Trademarks or Servicemarks
Trademarks and servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Descriptive marks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned "Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered trademark:

You will note that although the trademark has the fanciful letters “PS” to distinguish it from potential competitors, no one refers to the company as “PS Public Storage.” Cleverly, a strong association has been developed with the common words “Public Storage,” so that when a consumer sees the trademark, they think of the company while ignoring the letters “PS.”

Descriptive marks can be registered and protected if used in commerce for at least five years or more. Finally, generic words, including slang words, may never serve as trademarks. “Hog” for large motorcycles, “cellular” for cellular telephones and “Honey Brown” for beer are examples of generic words.