We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed immediate rights based on first use.

Creativity is what separates the power of suggestion from the weakness and limbo of descriptiveness.

—Aaron Keller, Capsule

How do you feel when you’re being a bit indulgent? Guilty, perhaps. Sometimes it’s just something small, something you can enjoy without too much of an afterthought. The whipped cream atop your favorite coffee house (low fat) drink might be one of those treats. It is for me.

But recently I’ve noticed