Define: Abercrombie Classification

Abercrombie Classification is a system used to categorize trademarks based on their distinctiveness. It was developed by the United States Patent and Trademark Office (USPTO) and is widely used in trademark law.

Abercrombie Classification consists of five categories: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, (4) generic, and (5) generic-plus.

An arbitrary or fanciful trademark is a term or symbol that has no direct connection to the product or service it represents. These trademarks are considered the strongest and most protectable.

Examples of arbitrary or fanciful trademarks include “Apple” for computers and “Nike” for athletic shoes. These terms have no inherent meaning related to their respective products.

A suggestive trademark is a term or symbol that requires some imagination or thought to understand the product or service it represents. These trademarks are also protectable, but to a lesser extent than arbitrary or fanciful marks.

An example of a suggestive trademark is “Netflix” for an online streaming service. While it does not directly describe the service, it suggests the idea of a movie rental service delivered over the internet.

A descriptive trademark is a term or symbol that directly describes the product or service it represents. These trademarks are generally not protectable unless they acquire secondary meaning through extensive use and consumer recognition.

An example of a descriptive trademark is “Holiday Inn” for a hotel chain. It directly describes the nature of the business and does not inherently distinguish it from other hotels.

A generic trademark is a term that is commonly used to refer to a class of products or services and cannot be protected as a trademark. These terms are considered too generic to be associated with a specific brand.

An example of a generic trademark is “Computer” for computers. This term is so commonly used to refer to the product that it cannot be exclusively associated with a particular brand.