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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

In Equine Tech. v. Equitechnology, Inc, the court stated:

"A term is suggestive if it requires imagination, thought and perception to reach a conclusion as to the nature of goods. A term is descriptive if it forthwith conveys an immediate idea of the ingredients, qualities or characteristics of the goods." Blinded Veterans Ass'n v. Blinded Am. Veterans Found., 872 F.2d 1035, 1040 (D.C. Cir. 1989) (citing Stix Prods. Inc. v. United Merchants & Mfrs., Inc., 295 F. Supp. 479, 488 (S.D.N.Y. 1968)). See also Union Nat'l Bank of Texas (Laredo) v. Union Nat'l Bank of Texas (Austin), 909 F.2d 839, 844 (5th Cir. 1990). Merely descriptive terms generally are not entitled to protection under trademark law "both because they are a poor means of distinguishing one source of services from another and because they are often necessary to the description of all goods or services of a similar nature." A.J. Canfield Co. v. Vess Beverages, Inc., 796 F.2d 903, 906 (7th Cir. 1986). In determining whether a particular mark is merely descriptive of a product, a reviewing court must consider the mark in its entirety, with a view toward "what the purchasing public would think when confronted with the mark as a whole." In re Hutchinson Technology Inc., 852 F.2d 552, 552-54 (Fed. Cir. 1988). The district court's determination that plaintiff's mark is not merely descriptive of its product is a finding of fact which we review only for clear error. Boston Beer Co. v. Slesar Bros. Brewing Co., 9 F.3d 175, 180 (1st Cir. 1993). The clear error hurdle is "quite high." Id. (citation omitted). Moreover, because plaintiff's mark has been registered by the PTO on the Principal Register, it is entitled to a legal presumption of validity. See 15 U.S.C. § 1115(a) (registration of mark on Principal Register "shall be prima facie evidence of the validity of the registered mark . . . and of the registrant's right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate"). Section 1115(a) entitles the plaintiff to a presumption that its registered trademark is inherently distinctive, as opposed to merely descriptive. See Quabaug Rubber Co. v. Fabiano Shoe Co., 567 F.2d 154, 161 (1st Cir. 1977) (federal registration "is prima facie evidence that such mark has become distinctive of the goods in commerce"); Liquid Controls Corp. v. Liquid Control Corp., 802 F.2d 934, 936 (7th Cir. 1986).