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An arbitrary or fantasy mark is a mark that bears no logical relationship to a potential product. For example, in other words, "Exxon," "Kodak," and "Apple" bear no intrinsic relationship to their underlying products (respectively, gasoline, cameras, or computers). Likewise, the Nike "swoosh" bears have no inherent relationship to sneakers. The arbitrary or fantasy mark is unique in itself - that is, able to identify a potential product - and gives a high degree of protection.

1 Implied mark is a characteristic of mark that makes a person or suggestion basically good. For example, the word "coppertone" implies Suntan lotion, but does not specify the product behind it. Some exercise of imagination is required with accurate characters and basic products. At the same time, however, the term is not entirely unrelated to the basic product. Think of Mark as arbitrary or fanciful, Mark cues are distinctive in nature and highly protective.

A description mark is a mark that directly describes, rather than by definition, a feature or quality of an essential product (such as color, scent, features, dimensions, or ingredients). For example, "Holiday Inn," "All the Bran," and "Vision Center" all describe some aspect of a basic product or service (respectively, hotel rooms, breakfast cereal, optical services). They told us something about the product. Unlike arbitrary or implied marks, descriptive marks are not inherently distinctive and are protected only if they have acquired "secondary significance". Description marks must be aware of this additional hurdle because the terms they are useful in describing the product behind it, and giving a specific manufacturer exclusive rights of use, can confer an unfair advantage.

One description of Mark's acquisition of secondary meaning when public consumption is primarily associated with Mark's association with a specific producer rather than the underlying product. So, for example, "Holiday Inn" has acquired secondary meaning because the consumer company associates the term with a specific supplier of hotel services rather than with hotel services in general. The public does not need to be able to identify a specific producer; only that the product or service comes from a single producer. When trying to determine whether a term has acquired secondary significance, courts will often look to the following factors: (1) the amount and manner of advertising; (2) the volume of sales; (3) the length and manner of use of the term; (4) Results of consumer survey. Satarain's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Reg. 1983).