How are fanciful marks defined?

Fanciful marks are defined as invented terms that have no prior significance except in relation to the products or services for which they are used. These are unique and created specifically to serve as trademarks, and they do not describe or suggest the products they represent. An example of a fanciful mark would be a completely made-up word like "Kodak," which has no prior meaning and only conveys meaning because of its association with the company and its products.

This is distinct from other types of marks. For instance, common words applied to unrelated products do not qualify as fanciful marks since they already exist in the language and are understood in different contexts. Similarly, descriptive phrases that convey the quality of a product are not fanciful, as they provide information about the product rather than being distinctive. Lastly, marks that suggest product characteristics require imagination but are not invented terms, hence they fall outside the definition of fanciful marks. Fanciful marks are strong trademarks because they are inherently distinctive and not descriptive or generic.