With more distinctiveness of trademark, more protection is received from the laws of trademark. A trademark may involve inherent distinctiveness or it may consider acquiring distinctiveness. Even though a trademark cannot be considered as distinctive during its creation, this can be considered as the easiest for its qualification to be protected from infringement. According to the spectrum of distinctiveness, there is some range of protection that can be received by a mark, moving from minimum to maximum. These include the following:Generic Marks: These do not tend to receive any protection. A generic mark may provide a simple description of the product itself, like bicycle or computer. At times, a term starting out as distinctive may end up becoming generic as consumers started utilizing it for the description of all of these products such as aspirin. Descriptive Marks: These will receive protection if secondary meaning is acquired. Secondary meaning takes place when consumers start associating the name describing the product with only a single maker or a single source. Two words of description together may end up becoming distinctive, and this will be the same as surnames.
Fanciful, arbitrary and suggestive terms can be considered as having inherent distinctiveness. They can be registered automatically with the Patent and Trademark Office of USA for receiving protection on trademark. Suggestive marks: These end up indicating a quality or characteristic of the service or product, but there seems to be no immediate obviousness of the connection.Arbitrary marks: These can be considered as words involved in the vocabulary but can be utilized for describing something apart from the definition. As a significant example, Apple has been identified as a maker of computer. Fanciful marks: These can be considered for making up words, with the strongest protection of the trademark. As a significant example, Kodak can be considered as a fanciful name. With maximum strength of the trademark, stronger protection can be received by a trademark in a number of situations. A trademark having clear distinctiveness is known to have greater protection over more categories of services and products, in markets of more geographic coverage, and for a number of variations related to the mark. In addition, there are fewer chances that other services and products can consider using the mark over their own products.