Do all trademarks enjoy the same protection?
Under Trademark Law, not all trademarks are created equal, and so not all trademarks are entitled to protection. The extent of trademark protection depends on whether the trademark is a common law, state or federal trademark registration. Protection also depends on how strong the trademark is, which in turn depends on its distinctiveness. The USPTO often relies on several factors to determine strength. Arbitrary, fanciful (or invented), or suggestive marks receiving the most protection, while descriptive trademarks receive the least protection, and generic marks cannot be protected at all.