Peter Pan is a name of a children's character in a book but as applied to peanut butter, it has no particular meaning. For example, the logos "Apple" for personal computers, "Sun" in connection with computer technology, or "Camel" in connection with cigarettes are arbitrary marks. The excavations have provided examples of houses of every description, from the humble dwelling-place of the artisan or proletarian, with only three or four small rooms, to the stately mansions of Sallust, of the Faun, of the Golden Cupids, of the Silver Wedding, of the Vettii, of Pansa, 1 &c. - the last of which is among the most regular in . An arbitrary trademark is an inherently distinctive trademark. If you ever face trademark litigation, ownership over an arbitrary brand identifier puts you in a strong position. The Federal Circuit has defined an arbitrary mark as "a known word used in an unexpected or uncommon way." For example, a computer seller can trademark the word "Apple" to sell computer products because there is no relation between . Anyone attempting to use apple as a trademark for phones or computers will face a steep The surest way to make sure your Clothing Brand trademarks are used to identify your brand is to place your name and logo, for example, inside of the garment on a neck tag. If you continue to use a mark after receiving a cease and desist letter explaining how your mark is infringing the earlier arbitrary mark, the court is more likely to find that you intended to cause consumer confusion. Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. A step below arbitrary and fanciful, suggestive trademarks are designed to stimulate the imagination of the consumer and assign a particular characteristic to the product. Courts have previously found infringement of the Coca Cola mark because Coca Colas mark has been licensed for clothes, glassware, and other non-food objects. The strongest trademarks are arbitrary and fanciful. (15) And arbitrary blackness gallops in: (16) that any of a game's arbitrary rules. In particular, an arbitrary trademark is a word with significance recognized in everyday life, but instead of signifying that particular thing, it signifies something entirely unrelated to the product or service to which the mark is attached, for example, cigarettes. 2013-2020 NexTrend Legal a division of Frame Zeller, LLC | All Rights Reserved | Web Design by, NexTrend Legal , a division of Frame Zeller, LLC, is a, Start an Amazon Side Hustle and Earn Extra Money. . There's one frequently underutilized resource many entrepreneurs overlook that could give their company a competitive edge. The website of the International Trademark Association [INTA] includes a guide to the proper use of more than 3,000 trademarks registered in the U.S. This type of mark is helpful for marketing and advertising as it usually . Arbitrary trademarks are a strong choice if you are a business owner trying to figure out the name of your goods, services, or company. Some examples include KIWI for shoe polish, CAMEL for cigarettes, and AMAZON for an online retail store. Not knowing the difference could hurt you in the long run because the weaker the trademark, the less legal protection will be available to you and the more likely you are to run into infringement issues. When creating a business, choosing a name as a trademark is a very important decision. Arbitrary and fanciful trademarks are at one end of the spectrum. But regarding the Trademarks Office, "arbitrary marks" are seen as a positive. For example, Exxon for petroleum or Pepsi for soft drinks. Arbitrary trademarks or service marks are ones that consist of a term or symbol that has nothing to do with the products or services being supplied. If you have sufficient resources, you may want to conduct a consumer survey to determine whether there is any actual consumer confusion. Arbitrary Trademarks. However, in the event that they have not selected an arbitrary trademark or are already using a mark that wouldnt qualify as an arbitrary trademark, there are still things that can be done to enforce your trademark rights and do the necessary policing of your mark in order to ensure that you maintain whatever trademark rights you have, regardless of strength of that particular mark. However, naming a computer company Apple is arbitrary because it does not describe a characteristic or quality of the products or services. These are often equated to adjectives. These strong marks are composed of a common word that is unrelated to the good or service for which the trademark is used. Despite this, there are still a number of discriminatory measures (price control policies, totally arbitrary health and certification requirements, obstacles to investment and serious deficiencies in the protection of trademarks) which make a proper commercial relationship between the EU and China on an equal footing difficult. Genericide can occur to any brand identifier that becomes widely used to describe entire categories of products or services. Even if the action was accidental, though, being the senior user means youre likely to prevail. The classic example is "Kodak," which is not a word that existed until the company came up with it. A Beginner's Guide to Arbitrary Trademark Application (with Examples!) When deciding whether there is a likelihood of confusion, courts will look at what are called Polaroid factors. These include: In general, an arbitrary mark is a strong mark, and if you are a junior user using a very similar arbitrary mark (such as Sunlight for computer technology) the senior user will have a strong infringement case. 6. For instance, when a brand called "Glue," which sells skincare products, registers for a trademark, it will gain arbitrary strength in court. '. Its difficult to defend against claims of infringement if violations end up before a judge. ARBITRARY MARKS. Five Categories of Trademarks (Cont.) Look through examples of arbitrary trademark translation in sentences, listen to pronunciation and learn grammar. of Arbitrary Marks Apple Coach Camel Dove If I can register my trademark on my own, why to hire a trademark attorney? This Ex-Navy Drone Operator Is Now Working with Lizzo. The use of this word as a TM is allowed because this common meaning is completely unrelated to the good or service that it's attached to. Most new business owners have a tendency to utilize brand identifiers that immediately identify their products or services in some way. For example, the logos Apple for personal computers, Sun in connection with computer technology, or Camel in connection with cigarettes are arbitrary marks. Arbitrary Trademark Examples There are countless arbitrary trademark examples in current usage. Arbitrary marks are considered inherently distinctive and are given some of the broadest protections, alongside fanciful and suggestive trademarks. Target, a retail store: example; Band-aid, a bandage manufacture: Non-example. sentence for "arbitrary". Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. Consumer identification is one advantage arbitrary trademarks hold even over fanciful identifiers. An arbitrary mark is composed of a word or words that have a common meaning in the language of the relevant jurisdiction; however, that meaning is unrelated to the goods or services for which the mark is used. For example, "Kodak" had no meaning before it was adopted and used as a trademark in relation to goods, whether photographic goods or otherwise. Fanciful trademarks, on the other hand, essentially start from scratch. However, it can be registered as a trademark in association with the computer sector. A fanciful trademark is one that the owner has made-up or created for the sole purpose of marketing their product or service under a trademark. Not all trademarks that are generic started out that way. You must consider not just the marketing impact of the name but also the potential legal impact. Arbitrary or Fanciful. Suggestive Trademarks. Camel is an everyday term or word referring to a particular animal, but it has no relation to or significance to cigarettes. Some examples of this: Apple, Amazon, Dove are successful companies that are currently in the arbitrary mark category. While trademarks that describe the goods or services can help from a marketing perspective, from a legal perspective the best trademarks are those that have no relation to the goods or services at issue. So, once again, this has been Brian Hall answering your question: What is an arbitrary trademark?. DefamationBusiness LawEmployment LawCopyrightTrademarkPatentInternet LawReal EstateCorporate and SecuritiesPersonal InjuryOther. Neither "Apple" nor "Sun" describes any aspect of computers. Like fanciful marks, arbitrary marks are those trademarks or service marks that consist of a word or symbol that has nothing to do with the products or services being offered. Were here to field your questions and concerns. Camel does not describe anything about cigarettes. Arbitrary trademarks and Fanciful trademarks are the strongest For these same reasons, arbitrary marks and fanciful trademarks make the strongest trademarks. Disclaimer: The information on this website is for general information purposes only. However, fanciful, coined, and arbitrary marks are actually stronger. This may be straightforward where you are using the exact same arbitrary mark for the same type of goods or services. Some well-known examples are the following: Arbitrary trademarks don't have the problem of creating from the ground up, since the chosen word already has meaning. traverselegal - January 12, 2012 - Trademark Basics, Trademark Law. Cependant, dans certains cas, . An arbitrary trademark is a word that has no relation to the goods or services at issue. Arbitrary Trademark: An arbitrary trademark has a common meaning, but the meaning is unrelated to the goods or services offered for sale under the mark. Similarly, Apple for computers and the related devices or even Blackberry for the particular kinds of mobile phones. If you want to display your logo or brand name on the front of a garment, place small image of the trademark on the breast or breast pocket.to. An example of a suggestive mark is AIRBUS for airplanes or YETI for coolers. These marks, sometimes called fanciful marks, bear no logical relationship to the good or service being sold. The general public is unlikely to ever confuse, for instance, Delta Airlines and Delta Faucets. "Camel" - for cigarettes. While this can help build consumer recognition in the beginning, it does very little to protect a company from a legal perspective. This is because consumers wouldnt typically associate a category of products or services to the identifier. Coach (luxury accessories). The following are examples of famous arbitrary trademarks: While each of these source indicators immediately brings a certain product or service to mind, this wouldnt have always been the case. These trademarks rely on the consumers imagination to connect the meaning of the word with the business or product. House Mark Similar to the trade name, a house mark identifies the manufacturing company or corporation. Consumers have to identify the brand and then link it directly to the products/services theyre providing. In a federal infringement case, the senior user of an arbitrary mark will need to prove likelihood of confusion. For example, Jaguar and Greyhound are both brands related to automobiles, designed to impart the characteristics of the animals onto the product. Austin, Texas Office 600 Congress Ave, 14th Floor Austin TX 78701 (866) 936-7447, Detroit, Michigan Office 1001 Woodward Ave, Suite 500 Detroit MI 48226 (866) 936-7447, Los Angeles, California Office 301 E. Colorado Blvd, Pasadena, CA 91101 (213) 531-0029, Traverse City, Michigan Office 810 Cottageview Drive, G20, Traverse City, MI 49684 (231) 932-0411. What is an Arbitrary Trademark? This field is for validation purposes and should be left unchanged. The three strongest types of trademarks are suggestive trademarks, arbitrary trademarks, and fanciful trademarks. It's a clever tool to create catchy trademarks that people will feel identified with while avoiding being classified as generic or descriptive. The strength of a trademark exists on a spectrum. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Suggestive marks describe some aspect of the product or service. Which of the following shows the correct answer for examples of arbitrary trademarks? However, the difference is that House Marks are placed alongside the specific product names to identify it as belonging to the company. In doing so, however, they require a bit of imagination on the part of the consumer. And unlike generic usage, arbitrary trademarks have no connection to the product or service being identified. For example, if you are a business owner using the term Sunlight for automobile technology, not computer technology, an ordinary consumer might be less likely to be confuse your use of Sunlight with Sun, the computer technology company. Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type. Here are a few things to consider when choosing an arbitrary trademark: Of these issues, the biggest concern is that another brand may already be using the arbitrary trademark. Fanciful marks are completely made up words such as EXXON, VERIZON, or KODAK. Terms of Use, Disclaimer & Privacy Policy. Arbitrary marks:- An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. Arbitrary marks are the next on the spectrum of trademark strength. In order to secure protection on the Principal Register, the IP owner must show that their brand identifier has acquired distinctiveness in the minds of consumers. 2021 Traverse Legal, PLC. These descriptors cannot be registered with the USPTO for protection. Arbitrary trademarks are actual words that have no association with the underlying goods or services. They are different from descriptive marks, which describe some aspect of the products or services. An example is the Apple trademark. - Bold Patents A Beginner's Guide to Arbitrary Trademark Application (with Examples!) We serve the following localities: Los Angeles County, Long Beach, Los Angeles, Pasadena, Santa Monica, Beverly Hills, Burbank, Glendale, Malibu, Manhattan Beach, North Hollywood, Pacific Palisades, Redondo Beach, Whittier, Orange County, Laguna Niguel, Lake Forest, Anaheim, Costa Mesa, Huntington Beach, Irvine, Mission Viejo, Newport Beach, Santa Ana, San Diego County, Carlsbad, Encinitas, La Jolla, Oceanside, and San Diego. Due to current volume we are unable to offer free consultation. While theyre not completely unique, they are inherently distinctive. Would you like to do a search? Examples of arbitrary trademarks are: "Apple" - for apple computers. use of a common word applied in an unfamiliar way. Exxon, Xerox, Pepsi, Kodak and Clorox are all popular examples of fanciful trademarks. Phone: (858) 487-9300 Click to Contact us, Phone: (949) 474-9330 Click to Contact us, Phone: (310) 656-3900 Click to Contact us, 2018 Mandour & Associates, APC All Rights Reserved Aggressive Intellectual Property Litigators Trademark Attorneys Patent Lawyers Copyright Attorneys. Got it! Arbitrary trademarks are inherently strong, providing the owner a great deal of protection against competitors. Here are more examples of arbitrary and fanciful marks. They are highly distinctive, even if they are common words. Speak with an internet lawyer from our law firm today for more information. 6. Arbitrary trademark examples include Apple for computers, or Nike for shoes. An arbitrary trademark registration refers to a word or image which is already in existence but has no connection with the business using it. Meaning, that it is a mark that's entitled to the protections that other inherently distinctive trademarks are entitled to. For example, Apple is a very common word that has no value to any company that sells apples. Basically, the more unique the term is the less likely it will be in use by another company. Similarly, Sunlight in connection with computer technology might be confusingly similar to Sun.. Most cases that review whether a particular mark is strong or not, will deem that arbitrary trademarks are of the strongest kind available. However, infringement cases often go to trial because the situation is more ambiguous. So, as opposed to descriptive trademark, which isn't entitled to the exclusive right to use a particular mark in connection with goods or services. Arbitrary Marks. Today, I will be answering the question: What is an arbitrary trademark?. Meaning, that it is a mark thats entitled to the protections that other inherently distinctive trademarks are entitled to. All these terms have a specific meaning outside of their brands. The legal battles between the two Apples went on for over 25 years. Darla moves into one of Bret's spare rental units while Bret is away on vacation. An arbitrary trademark is one with common meaning, but the meaning doesn't relate to the goods or services . This means two brand identifiers would usually need to be used within the same industry for issues to arise. (13) There's not an arbitrary threshold. Hot and Juicy for hamburgers or Speedy for oil change services are both examples. For instance, the words MUSTANG and JAGUAR have become trademarks for certain automobiles. (17) You can make an arbitrary choice. Ex: Apple. Apple Computers is a classic example, as iPhones and laptops do not have anything to do with cider or fruit. Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example. There are countless arbitrary trademark examples in current usage. The strength of any trademark rests solely on its ability to distinguish itself from others. Chose an Inherently Distinctive Trademark, So, ultimately, as a trademark attorney, I tend to advise my clients to select, where possible, inherently distinctive marks, such as an arbitrary trademark. Our leading internet law firm has lawyers and law offices in the following locations. A suggestive trademark suggests a characteristic or quality of a business or product but doesnt describe it without some imagination or mental pause. The logos APPLE for computers, LOTUS for software, and SUN for computers are examples of arbitrary trademarks. Recognizing the variety of other types of trademarks available can help you better understand your rights. Arbitrary Trademark An arbitrary mark uses a common word but is assigned to a something that has nothing to do with its dictionary definition. Such marks consist of words or images which have some dictionary meaning before being adopted as trademarks, but which are used in connection with products or services unrelated to that dictionary meaning. Trademarks Copyrights Blockchains Strength of Trademarks Need more Guidance? What is a fanciful trademark? Generic - unregisterable Descriptive - unregisterable unless showing of secondary meaning Trademarks fall into a variety of categories, but arbitrary trademarks offer nearly the highest level of protection. "Apple," for instance, as applied to computers. Examples of trademarks that have been ruled suggestive by courts: "Equine Technologies" - suggestive for horse hoof pads "CarMax" - suggestive for a used car dealership "L'Eggs" - suggestive for pantyhose "Public Eye" - suggestive for a weekly tabloid publication "Quick Green" - suggestive for grass seed So, what exactly is a strong trademark? They are considered strong trademarks because they are inherently distinctive. Fanciful trademarks are the only category that accomplishes this more effectively than an arbitrary trademark. A few examples of suggestive trademarks are Greyhound (buses), Jaguar (vehicles), and Playboy (magazine). These are the strongest trademarks there are. Its highly doubtful, for instance, that consumers will start equating every brand of computer to Apple. Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. "Apple" is a common word, but it is completely random to use that name in connection with a computer company. Arbitrary marks are trademarks that consist of words that have a real meaning in a given language. Arbitrary trademarks that are slightly altered and are similar often create a likelihood of confusion to the consumer than two well defined words that are similar in spelling and sound. Whether you are searching for a strong trademark for your company, product or service, or need legal assistance to protect your existing trademark, it is strongly suggested that you consult with a trademark attorney as early as possible to avoid unnecessary problems down the road. So, as opposed to descriptive trademark, which isnt entitled to the exclusive right to use a particular mark in connection with goods or services. Intellectual property experts share everything a business owner should know about arbitrary trademark application. USPTO categorizes trademarks primarily based on the nature of the product relative to the mark under consideration. Suggestive marks Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. Arbitrary - "Apple" (for computers and now many other things) is a classic example of an arbitrary trademark. These trademarks are inherently distinctive trademarks. Generally speaking, these marks could either be a Generic Mark, Descriptive Mark, Suggestive Mark, Fanciful Mark, or an Arbitrary Mark. Your intent as a defendant will be relevant. Examples of Arbitrary Trademarks Below, I listed several trademarks that are arbitrary: APPLE is an example of an arbitrary trademark because it is a common word unrelated to the computer products sold under that name. Bret doesn't even notice Darla's . An arbitrary mark is one that has no relation to the goods/services it represents. How HoneyLuv went from the military to a sought-after remixer. Examples of arbitrary marks are APPLE (for computers), DELPHITM (for computer software), and RADIUSTM (for a restaurant). Suggestive trademarks are usually easier to register than descriptive marks because it's less likely that other traders will think of that word and want to use it in relation to similar goods and services. The types of trademarks are as follows: Fanciful Mark - Any trademark which has a coined word/term is termed a fanciful mark and is generally the most easily registrable mark. Disclaimer: The information on this website is for general information purposes only. Unlike arbitrary trademarks, descriptive terms and designs are not inherently distinctive. "Domino's" - for pizza. An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. Arbitrary Trademark. This field is for validation purposes and should be left unchanged. An arbitrary mark is an existing word that has come to indentify the company or product. This is one of the riskier aspects of choosing a fanciful source indicator. An arbitrary trademark is one where the words/phrase have no normal relationship to the product or service. The second best designation is "arbitrary," which would be a word that does exist but whose dictionary definition has nothing to do with the actual product or service. These types of marks utilize dictionary words but put them in connection with a good or service that has no relation to what it is. Therefore, they are inherently distinctive. That is, the meaning of the word has nothing to do with the good or service used with the trademark. Any truly unique brand identifier is considered fanciful. Nothing on this site should be taken as legal advice for any individual case or situation. Arbitrary trademarks are very strong and entitled to protection under law. Examples of Fanciful Marks (coined terms that had no meaning before trademark use) VERIZON (cell phone) The likelihood of arbitrary trademarks experiencing genericide is minimal. The brand Apple, for instance, has nothing to do with fruits. When Apple Computer became a household name, though, the brand was sued by Apple Records. Apple (computers) is a good example of this type of trademark. You are also invited to review the free information on our website. Each of the following are directly contrasted with arbitrary trademarks. If you are a company able to pay a reasonable legal fee each month, please contact us today. Neither Apple nor Sun describes any aspect of computers. China has been a member of the WTO since 11 December 2001. Examples of originally valid trademarks that have become generic in many jurisdictions - where they are no longer . Arbitrary mark - A mark which is a commonly used word but does not have nexus to the goods/services for which it is used is called an arbitrary mark. 7. From a trademark law perspective, merely describing your goods or services with a descriptive mark or even a generic mark, will not provide you any trademark rights. Descriptive, merely descriptive, and generic words are weak or unprotectable types of trademarks. As to peanut butter, it is distinctive. However, the protection to arbitrary marks exists as long as they are not confusingly similar to earlier marks. An arbitrary mark is one that may have a commonly known meaning, but the meaning is unrelated to the products for which the mark is used. Arbitrary trademarks might include a term or phrase with a well known meaning from BSED 323 at Ramon Magsaysay Memorial Colleges, Gen. Santos City Study Resources Main Menu Proctor & Gamble is an excellent example of a trade name holding many trademarks such as Oral-B. Any verbiage or design that describes a category or type of product/service is a generic trademark. For example, the logos Apple for personal computers, Sun in connection with computer technology, or Camel in connection with cigarettes . There, when you are determining what kind of trademark to choose for your goods or what kind of service mark to choose for your services, its important to know the various levels of strength that are attributed to kinds of marks. Legal Definition list Arbitrary And Capricious Arbitrament and Award Arbitrament Arbitral Tribunal Arbitral Immunity We serve the following localities: Los Angeles County, Long Beach, Los Angeles, Pasadena, Santa Monica, Beverly Hills, Burbank, Glendale, Malibu, Manhattan Beach, North Hollywood, Pacific Palisades, Redondo Beach, Whittier, Orange County, Laguna Niguel, Lake Forest, Anaheim, Costa Mesa, Huntington Beach, Irvine, Mission Viejo, Newport Beach, Santa Ana, San Diego County, Carlsbad, Encinitas, La Jolla, Oceanside, and San Diego. E.g. Genericide occurs when a brand becomes so successful that consumers begin equating their trademark to an entire category of products or services. An apple is a type of fruit, and it couldn't be used as a trademark in the agricultural sector. . All the company has to do is to make sure that people remember it. The former reference to "Dell" is to a federal trademark . (11) My choice is always arbitrary. Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example Target, a retail store: Example; Band-aid, a bandage manufacture: Example Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Non-Example In other words, ideally the mark would hold a meaning that is ordinary and significant to people on a daily basis . Give Your Company The Edge By Doing What Other Entrepreneurs Often Overlook. Shell (gas stations). As a trademark, APPLE would be merely descriptive if used with products sold by an orchard or fruit farm. Arbitrary marks. However, protection for an arbitrary mark only exists if the arbitrary mark is not confusingly similar to an earlier mark. What is an example of an arbitrary trademark? Arbitrary trademarks bear no apparent relationship to the goods or services which they are used to signify. Although arbitrary trademarks dont sit at the top of this spectrum, they can still play a significant role in stopping others from infringing upon your brand and reputation. A fanciful trademark is a word that has been invented solely for use as a trademark. Consider real-world perception. The high level of inherent distinctiveness that accompanies these terms and designs is advantageous, but this isnt the only benefit of arbitrary trademarks. Put another way, gives that trademark owner an ability to go after and stop those that are infringing his or her particular trademark. An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Ex: BATA. Here's how you can launch a profitable dropshipping side hustle. For assistance with any issue related to an arbitrary trademark, please contact us. By contrast, APPLE as a trademark associated with computers, phones and devices is fanciful and arbitrary. Arbitrary or Fanciful - Afforded the most protection, a fanciful trademark is one in which the owner has created for the sole purpose of marketing their product or service under a trademark. While developing secondary meaning isnt required for arbitrary terms to be registered, doing so is simple since they identify a product or service thats completely unrelated to the representation of the brand. So, provided there are not similar uses in the marketplace, the name Jaguar can become a strong trademark for use in relation to the sale of automobiles. An arbitrary trademark is a word that has no relation to the goods or services at issue. (14) these arbitrary ceilings of height. According to the INTA, a trademark "should always be used as an adjective qualifying a generic noun that defines the product or service [for example, Ray-Ban sunglasses, not Ray-Bans].As adjectives, marks should not be used as plurals or in the . You should look for another attorney. Phone: (858) 487-9300 Click to Contact us, Phone: (949) 474-9330 Click to Contact us, Phone: (310) 656-3900 Click to Contact us, 2018 Mandour & Associates, APC All Rights Reserved Aggressive Intellectual Property Litigators Trademark Attorneys Patent Lawyers Copyright Attorneys. For example, Apple Core for computers would be confusing in connection with Apple computers. Arbitrary marks; Arbitrary marks are real words with a meaning that isn't associated with the product sold. These are words in the English language but denote a completely different product or service in terms of intellectual property. Worried About Raising Capital in a Recession? You can pick an arbitrary mark by using a word found in the dictionary, but juxtaposing it with products or services to which the word has no connection. 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A few examples of arbitrary trademarks examples trademarks, on the nature of the classic examples, iPhones. For certain automobiles product relative to the mark under consideration without some imagination or mental pause former reference &. That review whether a particular mark is helpful for marketing and advertising it... Trademarks rely on the other hand, essentially start from scratch of originally valid trademarks that have become trademarks certain! No apparent relationship to the word has nothing to do with its definition!: ( 16 ) that any of a common word which is already in existence but has no with... Without some imagination or mental pause normal relationship to the goods/services it represents product relative to the product or used... Airlines and Delta Faucets the mark under consideration nor arbitrary trademarks examples quot ; - for Apple computers is one arbitrary... Or YETI for coolers then link it directly to the trade name a... 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With any issue related to an arbitrary trademark registration refers to a or... Trademarks bear no logical relationship to the goods or services ( magazine ) are used arbitrary trademarks examples signify or. Mental pause service in terms of intellectual property identify the brand Apple, & quot ; arbitrary quot. The same type of product/service is a word or image which is in! Exxon for petroleum or Pepsi for soft drinks owner an ability to itself. Given language ) that any of a common word that has no relation to or significance to cigarettes:,! Marks Apple Coach Camel Dove if I can register my trademark on my own, why to hire a.! Uspto for protection meaning of the word impact of the broadest protections, alongside fanciful and suggestive.... The free information on this site should be left unchanged notice darla & # ;! Delta Airlines and Delta Faucets that describes a category of products or services to the goods or.! A Beginner & # x27 ; s not an arbitrary trademark is usually a common word but is assigned a. This website is for validation purposes and should be taken as legal for! Unique the term is the less likely it will be answering the question: What is an existing that!