ABSTRACT
A common feature of brands and trademarks is that they both communicate valuable information to consumers. Although a variety of definitions exist for what may constitute a brand, a trademark essentially provides the legal framework for owning and protecting a brand. As such, trademarks are considered a form of intellectual property that can be owned, licensed, bought, sold, and used as collateral. For a word, symbol, or device to function as a trademark it must be distinctive. Trademarks exist along a spectrum of distinctiveness. This spectrum has categories ranging from the most distinctive to the least distinctive: fanciful, arbitrary, suggestive, descriptive, and generic. Despite the fact that descriptive marks are not inherently distinctive, they can still obtain protection if they enjoy acquired distinctiveness. If a descriptive mark is used for a long period, or if the mark is aggressively promoted, the symbol will become distinctive and protectable.
