<P> Classification systems exist to help in searching for marks . One example is the "International Classification of the Figurative Elements of Marks", better known as the Vienna Classification . </P> <P> In most systems, a trademark can be registered if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities . </P> <P> A trademark may be eligible for registration, or registerable, if it performs the essential trademark function, and has distinctive character . Registerability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points . "Descriptive" marks must acquire distinctiveness through secondary meaning--consumers have come to recognize the mark as a source indicator--to be protectable . "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks . (See the KitKat v Cadbury case .) </P> <P> Trademarks rights must be maintained through actual lawful use of the trademark . These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions . In the case of a trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use". </P>

Write short notes on the following trade mark