Which of the following describes a descriptive mark?

Study for the LEGL 2700 Hackleman 3 Exam with comprehensive questions, each accompanied by detailed explanations and hints. Ace your exam preparation today!

A descriptive mark refers to a trademark that conveys information about the qualities, characteristics, or purpose of the goods or services it represents. This type of mark directly describes a feature or function of the product, which is why it's recognized as distinctively descriptive. For example, a mark that indicates a specific quality, such as "sweet" for a type of candy or "creamy" for a yogurt brand, directly informs consumers about what to expect from the product.

In trademark law, descriptive marks are inherently less distinctive than arbitrary or fanciful marks and may require secondary meaning to qualify for protection. Secondary meaning occurs when a descriptive mark has developed a public association with a particular source due to extensive use and marketing. This provides a clearer path for consumers to attribute the mark to a particular company or product based on its descriptive nature.

Other options describe different classifications of marks. For instance, a mark solely arbitrary would involve using a term in an unrelated context, creating no immediate association with the goods or services. A unique mark denotes a term or phrase that does not describe the goods but relies on its originality. Lastly, a mark without commercial application refers to marks that do not serve any function in commerce and thus lack the requisite practical use to qualify as trademarks.

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