While the registration of a trademark is by itself a difficult thing, it can be said that in the context of renewals there are even more challenges. Evidence has to be submitted about the usage statistics. The trademark must not have become diluted because some other company started using it and the owner of the company did not take any action against it. The United States Trademark Office makes it a requirement that it would be necessary for specimens of trademark usage even when the trademark registration is being applied for the first time. In addition there are inconsistencies in the understanding of what would constitute a trademark violation and what would not. However even with all these different forms of issues, the main topic that is often raised in the context of trademark infringement law suits are that of the distinctiveness of the trademark. According to the United States law the words or symbol that is deemed “inherently distinctive” can easily acquire a trademark. The words that are defined as inherently distinctive are further classified into three major classifications. They are fanciful, arbitrary or suggestive. The fanciful words are usually the words that are coined by the companies it is an entirely new word or symbol devised by the corporation. It is easy to obtain trademarks for these kinds of words.
Abercrombie & Fitch Company v. Hunting World, Incorporated 537 F. 2d 4(2d Cir. 1976) was a landmark case in establishing for the spectrum of trademark distinctiveness that has been cited into cases which sought trademarked protection. The test for the assessment of distinctiveness or the spectrum of distinctiveness often cites the Abercrombie & Fitch case.