A brewer identified its beers with the words "Honey Brown." Beer can be either lager or ale. Brown ale is brewed with the addition of honey. If the brewer's beer is brown ale, would the phrase "Honey Brown" constitute a trademark?
A)No, because the phrase is generic since those words describe any beer in the traditional category of "brown ale."
B)Yes, because the phrase is descriptive and there is no indication of a secondary meaning.
C)No, because the phrase is fanciful.
D)No, because the phrase is arbitrary.

Question

A brewer identified its beers with the words "Honey Brown." Beer can be either lager or ale. Brown ale is brewed with the addition of honey. If the brewer's beer is brown ale, would the phrase "Honey Brown" constitute a trademark? ​
A)No, because the phrase is generic since those words describe any beer in the traditional category of "brown ale."
B)Yes, because the phrase is descriptive and there is no indication of a secondary meaning.
C)No, because the phrase is fanciful.
D)No, because the phrase is arbitrary.

Quizplus · Accepted Answer

The phrase "Honey Brown" directly describes the characteristics of the beer (a brown ale brewed with honey), making it generic for that type of beer. Generic terms cannot serve as trademarks because they are too common and descriptive of the product itself, rather than indicating a unique source or brand.

A Brewer Identified Its Beers with the Words "Honey Brown