An arbitrary trademark is a word that has a dictionary meaning, but that meaning is not related to the product or service its used for. Arbitrary trademarks never describe products or services.
By Michael Kondoudis, Small Business Trademark Attorney
This is our EASY guide to arbitrary trademarks.
Arbitrary trademarks are an important part of branding for many businesses. They can be strong trademarks.
By choosing the right arbitrary trademark and taking steps to protect it, you can ensure that your business has the exclusive right to use it.
In this easy guide, we explain arbitrary trademarks, give some tips on choosing the right arbitrary trademark for your business, and show you how to protect your arbitrary trademark.
We’ll also answer frequently asked questions about arbitrary trademarks along the way.
Let’s get started!
CONTENTS
1. About Arbitrary Trademarks
What is an Arbitrary Trademark?
An arbitrary trademark is a word or image with a known meaning, but that meaning is not related to the product or service with which it is used. Arbitrary trademarks are a type of trademark that use words or designs that have no connection to the products or services being offered. So, arbitrary trademarks have dictionary meanings, but those meanings are not associated with the products they brand.
Some well-known examples of arbitrary trademarks are “Nike” for sneakers, “Amazon” for online shopping, and “Apple” for computers. As you can see, these brands have taken words with dictionary definitions and used them in a way unrelated to their products.
When is a Trademark Arbitrary?
A trademark is arbitrary when it can be found in a dictionary and its meaning is unrelated to the product or services with which it is used.
What Makes a Trademark Arbitrary?
The test for whether a trademark is arbitrary is:
- Does the mark have a dictionary or commonly known meaning?
- Is that meaning connected or disconnected from the product with which it is used?
If a trademark can be found in the dictionary and its defined meaning is unrelated to the products or services it brands, then it is an arbitrary trademark. If a mark is a made-up word or conveys something about the product, it is not an arbitrary trademark.
How Do Arbitrary Trademarks Differ From Other Types of Trademarks?
Arbitrary trademarks seem “out of context” with the products with which they are used, and this “discontinuity” is the hallmark of an arbitrary trademark. Other trademarks are made up words, suggest features of products/services, or describe them.
What is Not an Arbitrary Trademark?
Fanciful Trademarks: words or images that do not have a dictionary meaning. They are “made up” or “invented” for the sole purpose of branding a product or service. They are the strongest trademarks and are entitled to the most protection by courts and the USPTO.
Suggestive Trademarks: words or images that allude to or hint at something about the product or service with which it is used. They require some imagination, thought, or perception to make that connection. They are protectable trademarks and entitled to protection by courts and the USPTO.
Descriptive Trademarks: words or images that directly convey something about the product or service they brand. Descriptive marks are only entitled to protection when the owner can show that consumers recognize them as a brand after some period of exclusive use.
Generic Trademarks: words or images that stand for entire categories or category of products. Generic marks are not protected by trademark law.
Are Arbitrary Trademarks Good?
Yes, arbitrary marks are strong trademarks. Also, they tend to be easier for people to remember and are the second most likely type to pass federal registration standards.
2. How Arbitrary Trademarks Work
Arbitrary trademarks work by creating a unique association between a particular word or logo and your brand. Because the word or logo has no relation to your product or service, consumers will only be able to associate it with your brand. This protects you against competitors trying to use a similar-sounding word or logo.
For example, let’s say you own a clothing company and arbitrarily trademarked the word “Sapphire.” If another clothing company comes along and tries to use the word “Sapphire” for its products, you could take legal action against them because consumers would be confused about which brand is which.
The same would be true if someone tried to use a similar-looking logo. Let’s say your logo is a blue diamond shape. If another company started using a green diamond shape for its own products, you could again take legal action because consumers might confuse the two brands.
For an arbitrary trademark to be fully protected, it must be registered with the U.S. Patent and Trademark Office. Once registered, you will have exclusive rights to use the word or logo for your brand.
3. Arbitrary Trademark Examples
Arbitrary trademarks are a very strong category of trademark. Arbitrary marks are memorable and the second most likely to pass federal registration standards.
These are 20 examples of arbitrary trademarks:
Axe (body spray)
Adobe (software)
Amazon (online marketplaces)
Apple (consumer electronics and tech company)
Canon (cameras and printers)
Coach (luxury accessories)
Camel (cigarettes)
Daisy (BB guns)
Delta (airlines)
Dominos (pizza)
Dove (soap)
Ford (trucks and automobiles)
Gap (clothing)
Google (search engines)
Nike (footwear)
Puma (footwear)
Shell (gas and filling stations)
Subway (sandwiches)
Tide (laundry detergent)
Whirlpool (appliances)
Each of these words can be found in a dictionary. Nonetheless, those dictionary meanings are unrelated to the branded products with which the marks are used.
4. Arbitrary Trademark Advantages
There are many advantages to having an arbitrary trademark. First, because they are not descriptive or suggestive, they are entitled to a broad scope of protection. This means that you can prevent others from using your trademark for similar goods or services even if they are not identical. Second, arbitrary trademarks are often very strong and distinctive. Because they are not descriptive or suggest any connection to the underlying goods or services, customers are likely to remember them better and associate them with a single source. Finally, arbitrary trademarks can be very valuable because they can last indefinitely as long as you continue to use them in commerce and take steps to protect them from infringement.
5. How to Choose Arbitrary Trademarks
How to Choose a Suggestive Trademark
Picking the right arbitrary trademark is essential for your business. There are a few key factors to consider when choosing an arbitrary trademark. First, you want to make sure that the trademark has a commonly known meaning or can at least be found in a dictionary. Second, you want to ensure that the meaning of your mark does not convey or even hint at a feature or quality of your product. Third, you want to ensure that the trademark is not too similar to anyone else’s. This could result in a likelihood of confusion and could lead to your trademark being invalidated.
Hierarchy of Trademarks
The sole functions of a trademark are to identify the source of a product or a service and to distinguish them from the competition. A distinctive trademark performs this function. A distinctive trademark is strong.
It turns out that some marks have a natural tendency to be distinctive. Courts and the U.S. Patent and Trademark Office (USPTO) judge this tendency using the following hierarchy of trademarks:
Fanciful: (most distinctive) a term without a dictionary meaning that is invented for the sole purpose of branding a product or service. They are the strongest trademarks and are entitled to the most protection by courts and the USPTO.
Arbitrary: (highly distinctive) a term with a dictionary meaning that is not related to the product or service with which it is used. They are strong trademarks and entitled to broad protection by courts and the USPTO.
Suggestive: (distinctive) a term that alludes to something about the product or service with which it is used and requires some imagination, thought, or perception to make that connection. They are trademarks and are entitled to protection by courts and the USPTO.
Descriptive: (potentially distinctive) a term that directly conveys something about the product or service they brand. Descriptive marks are only entitled to protection if the owner can show that consumers recognize them as a brand after some period of exclusive use.
Generic: (never distinctive) the common name for a category of product – cannot be trademarked.
As a general rule, distinctive trademarks are preferable because they tend to be stronger and easier to register and protect.
What Are the Five Categories of Trademarks?
These five categories are:
- Arbitrary trademarks
- Fanciful trademarks
- Suggestive trademarks
- Descriptive trademarks
- Generic trademarks
6. How to Protect Arbitrary Trademarks
Are Arbitrary Marks Protected?
Yes, arbitrary marks are protected. Federal courts have found that arbitrary marks are entitled to protection under Trademark Law.
How to Make Sure Your Arbitrary Trademark is Fully Protected
There are a few steps that you can take to make sure that your arbitrary trademark is protected. First, you should register it with the U.S. Patent and Trademark Office. This will give you the complete protection that you are entitled to under trademark law. Second, you should use your trademark in commerce. This will help put the public on notice of your trademark ownership. Finally, you should monitor for unauthorized use of your trademark. If you see someone using it without your permission, you can take steps to stop them.
Can You Register an Arbitrary Trademark?
Yes, you can register an arbitrary trademark with the USPTO.
To be eligible for registration, an arbitrary trademark must be distinctive, non-descriptive, and capable of identifying the source of the goods or services. Read about more of the trademark requirements here.
Arbitrary marks are generally registrable. They belong to the category of strong trademarks known as inherently distinctive marks. Assuming all other conditions for registration are satisfied, an inherently distinctive mark is registrable without a showing of acquired distinctiveness.
Are Arbitrary Trademarks Inherently Distinctive?
Yes, arbitrary trademarks are “inherently distinctive,” meaning their distinctiveness is legally presumed. Arbitrary trademarks are considered distinctive enough to function as trademarks through proper use alone, without evidence of how well consumers recognize them.
Do Arbitrary Trademarks Need Secondary Meaning?
No, arbitrary trademarks do not need secondary meaning because they are inherently distinctive. They can be registered and protected without proof that customers identify with a particular company through use over time.
Arbitrary marks are registrable without a showing of acquired distinctiveness, assuming all other conditions for registration are met.
The Benefits of Registering an Arbitrary Trademark
There are several benefits to registering an arbitrary trademark. First, it allows you to protect your trademark fully. Second, it gives you the exclusive right to use your trademark. This means that no one else can use it without your permission. Third, it will prevent a competitor from registering the trademark and taking it from you. Fourth, it ensures that your trademark does not infringe on anyone else’s trademark. Fifth, it puts the public on notice of your trademark ownership, which helps deter others from trying to use it.
Read about all of the advantages that come with federal trademark registration here.
7. Condensed Summary
An arbitrary trademark is a word or phrase that has no relationship to the product or service it’s used for. For example, Apple is an arbitrary trademark for computers and other electronics. Other examples of arbitrary trademarks include Amazon (online retail), Mercedes (automobiles), and Nike (athletic apparel).
The reason companies choose arbitrary trademarks is because they are easy to remember and they stand out from the crowd. When you hear an arbitrary trademark, you’re likely to remember it long after you’ve heard it.
There are several benefits that come with having an arbitrary trademark. First, as we just mentioned, these types of trademarks are easy to remember. This is important because it helps customers remember your brand and come back to you when they need your products or services.
Second, since these trademarks are so distinctive, they can act as a powerful marketing tool. They can help you stand out from your competitors and make your brand more recognizable. And last but not least, arbitrary trademarks are very strong from a legal standpoint.
8. Frequently Asked Questions
1. Is Apple an arbitrary trademark?
Yes, Apple is an arbitrary trademark because the word apple has a dictionary meaning (a fruit), and that meaning is not related to technology devices and/or a technology company.
2. Is Nike an arbitrary trademark?
Yes, Nike is an arbitrary trademark because the word Nike has a dictionary meaning (the Roman god of war), and that meaning is not related to footwear and/or sports equipment.
3. Can a trademark be arbitrary?
Yes, a trademark can be arbitrary. Arbitrary trademarks are one of five categories of trademarks. They are generally very strong, protected by courts, and eligible for registration by the U.S. Patent and Trademark Office. Arbitrary trademarks are a good choice to represent any brand.
4. What is an example of an arbitrary trademark?
Examples of arbitrary trademarks include TIDE (for laundry detergent) and WHIRLPOOL (for home appliances). Any trademark that has a dictionary meaning that is disconnected from goods/services for which it is used is an arbitrary trademark.
An arbitrary trademark is one that has a meaning with no connection to the product or service it represents.
5. Can arbitrary trademarks be registered?
Yes, arbitrary trademarks can be registered. Arbitrary marks are generally registrable, and the U.S. Patent and Trademark Office accepts and grants applications to register arbitrary trademarks. Arbitrary marks are considered inherently distinctive and are given some of the broadest protections by courts and the USPTO.
6. What type of trademark is Nike?
The Nike trademark is a fanciful mark because it is found in a dictionary and does not describe or convey anything about sports gear, for example.
TAKE THE NEXT STEP
Ready to LEGALLY own your trademark?
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your trademark, we invite you to book a FREE brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
