These marks are protectable as soon as they are used. Merely Descriptive marks describe a quality or characteristic of the product or service. These marks included geographic terms, like Back Bay Market or Beacon Hill Dry Cleaners, and include names used as trademarks, such as Joe s Deli. These marks are generally not protectable, as anybody who is named Joe should be able to identify their business, and anybody who operates in the Back Bay should be able to do likewise. McDonalds is a good example of a merely descriptive mark which has become extremely distinctive, even famous.
Generic terms describes the genus of the product or service.
They are not protectable, as they must be free for all sellers to use, and are therefor not distinctive. Famous marks are marks which are so well known that any use in any context would lessen the ability of the owner of the mark to distinguish the owner s goods or services. Examples include Chrysler and Wal-Mart. There is no need to show an likelihood of confusion. There are several factors listed in the statute which may be considered by a court.