As noted above, in general, the best trade marks are those that possess a high degree of inherent distinctiveness. Therefore, on a scale from best-to-worst, invented or arbitrary words are more ideal trade marks than suggestive words, while suggestive words are to be preferred over highly descriptive words. In the real world, the trade mark selection process is not always so clear cut. COCA-COLA, for example, which is perennially near the top of any list of the world’s most recognizable trade marks, is a descriptive trade mark that became one of the world’s “strongest” and most distinctive trade marks as a result of decades of extensive use. For the average owner/managed business, however, with a limited marketing budget, perhaps the simplest lesson to be drawn from the above legal principles is that highly descriptive trade marks should be “weeded out” early in the trade mark selection process, preferably long before they’re adopted for public use. Because of their low degree of inherent distinctiveness, highly descriptive trade marks are neither effective in distinguishing the goods or services that are associated with them nor is the value of any goodwill that’s created in them capable of any significant measure of legal protection.

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Confidentiality Notice

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