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Simple English definitions for legal terms
Abercrombie Classification
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A quick definition of Abercrombie Classification:
The Abercrombie Classification is a system that helps determine how much protection a trademark should have. There are four categories: generic, descriptive, suggestive, and arbitrary/fanciful. Generic terms, like "cell phone," can't be protected. Descriptive terms, like "fast acting," usually can't be protected unless they have a special meaning. Suggestive terms, like "Orange Crush" soda, can be protected even without a special meaning. Arbitrary/fanciful terms, like "Apple" for a computer company, have the most protection. The higher the category, the easier it is to prove trademark infringement.
A more thorough explanation:
The Abercrombie Classification is a system used in intellectual property law to determine the level of trademark protection a given term is entitled to. The system categorizes potential trademarks into four tiers, each with ascending levels of protection under the Lanham Act.
Generic terms refer to the category of a given product. For example, "cell phone" is a generic term. Generic terms are never afforded any trademark protection.
Descriptive terms explain how a given product works. For example, "fast-acting" would be a descriptive term. Descriptive terms are generally not afforded any trademark protection, but if it can be shown that a descriptive term has acquired some secondary meaning that is associable with a given party, it may still be applicable for trademark protection.
Suggestive terms bridge the gap between purely descriptive and purely arbitrary/fanciful. These terms require thought and imagination to deduce the intended conclusion about the underlying good. "Orange Crush" soda is the archetypical example of a suggestive term. Suggestive terms are entitled to trademark protection even without a secondary meaning.
Arbitrary terms are standard words used in unconventional contexts such that no one could mistake the product for its generic equivalent. For example, "Apple" is an arbitrary term to describe a computer hardware/software company. Fanciful terms are terms invented by the trademark seeker for the express purpose of naming a given product. Arbitrary/fanciful terms are entitled to the highest degree of trademark protection.
As you ascend the Abercrombie classification scheme, it becomes easier to prove trademark infringement as you need less evidence to make your case.
- Generic: "Computer"
- Descriptive: "Fast food"
- Suggestive: "Netflix"
- Arbitrary/Fanciful: "Kodak"
The examples illustrate the different levels of trademark protection. "Computer" is a generic term and therefore not entitled to any trademark protection. "Fast food" is a descriptive term and would not be entitled to trademark protection unless it can be shown to have acquired a secondary meaning. "Netflix" is a suggestive term and is entitled to trademark protection even without a secondary meaning. "Kodak" is an arbitrary/fanciful term and is entitled to the highest degree of trademark protection.