Tabberone is pronounced tab ber won not tay ber own

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

From Bath & Body Works v Luzier Personalized Cosmetics, 76 F.3d 743 (6th Cir. 1996)

"The existence and extent of trademark protection for a particular term depends on that term's inherent distinctiveness. Courts have identified four general categories of terms: (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary or fanciful." Blinded Veterans Ass'n. v. Blinded Am. Veterans Found., 872 F.2d 1035, 1039 (D.C. Cir. 1989). "A generic or common descriptive term is one which is commonly used as the name or description of a kind of goods. It cannot become a trademark under any circumstances." Induct-O-Matic Corp. v. Inductotherm Corp., 747 F.2d 358, 362 (6th Cir. 1984). "A merely descriptive term specifically describes a characteristic or ingredient of an article. It can, by acquiring a secondary meaning, i.e., becoming `distinctive of the applicant's goods' . . ., become a valid trademark." Id. Whether a name is generic is a question of fact. J.T. McCarthy, McCarthy on Trademarks and Unfair Competition, § 12.02[7][b] (3d ed. 1992). If a trademark has been registered, there is a presumption that term is not generic and the defendant must overcome the presumption. Id. If a trademark is not federally registered, once the defendant raises genericness as a defense, plaintiff must prove lack of genericness. Id.