 If the attribute that makes the mark distinguishable is an attribute derived from the normal formation of the good (such as its smell or taste), that attribute will not be sufficient for satisfying this requirement.However, the court may decide that a mark has acquired a secondary meaning sufficient in making the mark capable of distinguishing the goods or service through the continuous use of that mark in the market.Words which are commonly used by the public to refer to the type of good or service, and words of a technical nature used to describe the good or service, cannot satisfy the requirement for a mark to be capable of distinguishing the good or service from those of another establishment.