Which of the following would be the most distinctive mark for exclusive registration?

• A. A common descriptive term for a product
• B. A coined term not descriptive of the product
• C. A generic descriptor of goods
• D. A surname used on goods

Answer: (B)

In trademark law, the most protectable marks are those that are inherently distinctive. A coined term—an invented word that does not describe the product—is a fanciful mark and stands out as highly distinctive from the outset, making it ideal for exclusive registration without needing evidence of consumer recognition.

A common descriptive term describes the product, so it lacks inherent distinctiveness and typically requires proof of acquired distinctiveness to register. A generic descriptor is not registrable at all. A surname on goods can be registrable only if it has acquired distinctiveness through use, which means it isn’t inherently distinctive.

So the best choice for exclusive registration is a coined term not descriptive of the product.