Marks that are described as being merely descriptive tend to be more difficult because they typically describe a quality or characteristic of the product or service, and not truly function as a trademark. The registrant of this type of mark may have to show secondary meaning, or evidence that the mark functions as a trademark. Secondary meaning denotes an association in the mind of the consumer between the product or service and the producer. A generic mark is the common name given to a product and is considered part of the public domain and not capable of registration. There are various types of marks that are generally classified together as Trademarks, although there are distinctions between the classifications.
Marks are also graded according to their relative strength by their distinctiveness.
Inherently distinctive marks are termed arbitrary or fanciful and are the strongest type of marks. These are usually coined or invented terms or symbols that are totally unknown or out of usage with respect to a particular item or service. Examples of fanciful marks include Clorox, Polaroid, and Kodak. Arbitrary marks are those marks that may be in common usage, but which neither suggests nor describes any ingredient, quality, or characteristic of the goods or services. Examples of arbitrary marks include Apple Computer, Camel Cigarettes, and Ivory Soap.