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lets talk a little bit about levels of distinctiveness in u.s trademark law a mark that from the very first day of use serves to identify and distinguish a good and service from others is whats called inherently distinctive with regard to a specific class of goods or services so say honda from day one is inherently distinctive because nobody would be confused thinking that it was anything other than a brand name for a car now importantly levels of distinctiveness are considered with regard to a specific class of goods or services rather than whether its a common word so for example apple is a common word but when used regarding computers then it can serve as a trademark because people arent thinking that its describing computers but rather the brand name for a company called apple lets think about this a little bit more there are two major types of distinct in this inherently distinctive marks we just talked about valid from day one and so-called descriptive marks that dont on
