arbitrary Descriptive trademarks are not protected by the Lanham Act since they are not intrinsically distinctive, unless they have picked up a secondary meaning. Additionally.
human names and geographical or descriptive phrases are not intrinsically distinctive, thus they are not protected by law unless a secondary means is obtained. Congress passed the Lanham Act, 15 U.S.C. 1051 et seq., in 1946. The Act establishes a mechanism for national trademark registration and safeguards the owner of a federally registered mark from the use of markings that are confusing to consumers or likely to dilute a well-known mark. If and only if they are registered, suggestive trademarks will receive any trademark protection.
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