Which type of mark is described as descriptive but can gain protection through acquired distinctiveness?

• A. Fanciful mark
• B. Descriptive mark
• C. Arbitrary mark
• D. Suggestive mark

Answer: (B)

Descriptive marks describe a quality or characteristic of the goods or services, so they aren’t inherently distinctive. They can still receive trademark protection, but only if they develop acquired distinctiveness (secondary meaning)—meaning the public comes to identify the mark with a single source. For a descriptive mark, you’d show evidence like long use, extensive advertising, and consumer recognition linking the mark to your brand. Once that association is established, the descriptive term can function as a protected mark.

Other types are inherently distinctive and don’t rely on acquired distinctiveness: fanciful marks are invented terms with no meaning, arbitrary marks use existing words in an unrelated way, and suggestive marks hint at a feature without describing it directly.