How clear is the line between descriptive and suggestive marks?
Even if a mark is descriptive, it can be protected & registered upon a showing of acquired distinctiveness.
| HELD DESCRIPTIVE | HELD SUGGESTIVE |
| AFTER TAN (after sunning lotion) BED & BATH (store for bedroom & bathroom items) FOOD FAIR (supermarket) JOY (detergent) PARTY AT A DISCOUNT (party arrangement services) PIZZAZZ (pizza) RAISIN-BRAN (raisin & bran cereal) TENDER VITTLES (cat food) WORLD BOOK (encyclopedia) |
CHICKEN OF THE SEA (tuna fish) CITIBANK (urban bank) DIAL-A-MATTRESS (mattress sales) COPPERTONE (sun tan oil) L’EGGS (womens’ hosiery) ROACH MOTEL (insect trap) SEVENTEEN (teen-age magazines) SPRAY ‘N VAC (aerosol rug cleaner) SWEETARTS (candy) |
Source: McCarthy on Trademarks 11:24, 11:72
Added Jan. 26, 2015