What is a suggestive mark?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

A suggestive mark is one that hints at a characteristic or quality of the goods or services without directly describing them. It requires imagination or inference from the consumer to connect the mark to the product. "Netflix" (suggesting streaming movies online), "Greyhound" (suggesting speed for a bus company), and "Coppertone" (suggesting a sun-related product) are examples.

Suggestive marks are inherently distinctive and registrable without proof of acquired distinctiveness. They occupy the middle of the Spectrum of Distinctiveness; stronger than descriptive marks, which require proof of secondary meaning, but not as strong as arbitrary or fanciful marks, which carry the widest scope of protection.

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