fanciful

What is a “fanciful” trademark?

A fanciful mark is a made-up word, design, etc. EXXON is an example. It is a word that has no meaning and serves no purpose in language other than as the name of a business and the source of the products the business sells. Fanciful marks are inherently distinctive.

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What are the five levels of distinctiveness of a trademark?

The 5-tier distinctiveness pyramid developed by Minnesota attorney Thomas James is a conceptual and visual aid for understanding the different levels of distinctiveness a trademark may have. The five levels, from least to most distinctive, are: Generic Descriptive Suggestive Arbitrary Fanciful.

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