Standard Corporation cannot claim a trademark in the phrase “Quality Is Standard” if the phrase

Question

BlackTom AI · Accepted Answer

Generic terms are incapable of serving as trademarks because they are the common name for a product or service and therefore cannot identify a single commercial source.

1. Relevant knowledge points and concepts
- Trademark distinctiveness spectrum: generic (no protection) → descriptive (protectable only with secondary meaning) → suggestive (inherently protectable) → arbitrary/fanciful (inherently protectable).
- A trademark must identify and distinguish the goods/services of one party from those of others; generic terms name the product itself and cannot perform that source-identifying function.
- Secondary meaning: when consumers associate a descriptive term with a particular source, it becomes protectable.

2. Step-by-step reasoning
- Identify the phrase: "Quality Is Standard." Determine whether it names the product/service (generic), merely describes a feature (descriptive), suggests something requiring imagination (suggestive), or is arbitrary/fanciful.
- If the phrase is generic (i.e., consumers understand it as the ordinary name for the goods/services or an industry standard phrase), it cannot function as a trademark because it does not indicate a unique source.
- If it were only descriptive, it could gain protection by proving secondary meaning. If suggestive/arbitrary, it would be protectable inherently.

3. Intermediate steps / analysis
- Compare each option to the legal categories:
  - "Is memorable" — memorability does not determine legal availability; memorable phrases can still be generic or descriptive.
  - "Is descriptive" — descriptive marks are not automatically barred; they become protectable upon showing secondary meaning.
  - "Has a secondary meaning" — this makes a descriptive mark protectable, so the existence of secondary meaning would allow a claim, not bar it.
  - "Is generic" — per trademark law, this is the one category that cannot be registered or claimed as a trademark.

4. Why the correct answer is correct
Because generic terms name the product or service and therefore cannot function to indicate source, Standard Corporation cannot claim a trademark if the phrase "Quality Is Standard" is generic.

5. Why the other options are incorrect
- Memorable: irrelevant to registrability; being memorable does not prevent trademark protection.
- Descriptive: descriptive marks may be protected upon showing secondary meaning.
- Has a secondary meaning: this enables protection rather than prevents it.

6. Conclusion
Therefore, the correct choice is "Is generic," which matches the provided answer.

Standard Corporation cannot claim a trademark in the phrase “Quality Is Standard” if the phrase单项选择题

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