Genericide occurs when a brand becomes so successful that consumers begin equating their trademark to an entire category of products or services. If you ever face trademark litigation, ownership over an arbitrary brand identifier puts you in a strong position. For example, Apple Core for computers would be confusing in connection with Apple computers. Fanciful trademarks, on the other hand, essentially start from scratch. Were here to field your questions and concerns. 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. Give Your Company The Edge By Doing What Other Entrepreneurs Often Overlook. 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. 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. The legal battles between the two Apples went on for over 25 years. So, ultimately, as a trademark attorney, I tend to advise my clients to select, where possible, inherently distinctive marks, such as an arbitrary trademark. However, fanciful, coined, and arbitrary marks are actually stronger. "Camel" - for cigarettes. APPLE (for computer products) BANANA REPUBLIC (for clothing) COACH (for purses) SHELL (for retail gasoline services) Today, I will be answering the question: What is an arbitrary trademark?. Each of the following are directly contrasted with arbitrary trademarks. Here's how you can launch a profitable dropshipping side hustle. Arbitrary trademarks are actual words that have no association with the underlying goods or services. You do not want to have a generic or merely descriptive mark. Take, for example, the famous trademark APPLE. For instance, when a brand called "Glue," which sells skincare products, registers for a trademark, it will gain arbitrary strength in court. There is a particular brand called Camel. Examples include APPLE for phones, PENGUIN for books, and SHELL for gasoline. However, the protection to arbitrary marks exists as long as they are not confusingly similar to earlier marks. There are countless arbitrary trademark examples in current usage. Read the scenario and determine what . Think of the term "apple." If an apple orchard tried to register the word "apple" as a trademark for the type of apples they grow, that trademark wouldn't be registerable. "Apple" for computers). This can be much more difficult for completely unique identifiers than those that already have a foundation in peoples vocabulary. Speak with an internet lawyer from our law firm today for more information. 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. 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. This is Trademark Attorney Brian Hall with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States. However, marks have to be compared in their entirety and in the context of the other factors. The advantage of selecting an arbitrary trademark is that another companys slight variation of your trademark is more likely to be found confusing. 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 . This field is for validation purposes and should be left unchanged. 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. For example, Apple is a very common word that has no value to any company that sells apples. Instead, you want the various kinds of inherently distinctive trademarks, which are suggestive, arbitrary like were talking about now- and fanciful trademarks. Even better, the strongest possible trademark is a word that does not even currently exist which was the case with Exxon and Kodak. While theyre not completely unique, they are inherently distinctive. A strong trademark fits into one of the following three categories for its distinctiveness. Camel does not describe anything about cigarettes. Before spending time and money to promote a new product or service, it is important to distinguish between a weak trademark and a strong trademark. 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 High Level of Legal Protection. Recognizing the variety of other types of trademarks available can help you better understand your rights. Its difficult to defend against claims of infringement if violations end up before a judge. Trademarks which are arbitrary (random) or fanciful (made up words) are considered to be the most distinctive. For example, Kodak, Pepsi, Exxon and Polaroid are completely made up words with no other meaning outside the name of the companies that created them. The strength of any trademark rests solely on its ability to distinguish itself from others. This is one of the riskier aspects of choosing a fanciful source indicator. The strongest trademarks are arbitrary and fanciful. Peter Pan is a name of a children's character in a book but as applied to peanut butter, it has no particular meaning. So, as opposed to descriptive trademark, which isnt entitled to the exclusive right to use a particular mark in connection with goods or services. Examples of arbitrary marks are APPLE (for computers), DELPHITM (for computer software), and RADIUSTM (for a restaurant). . These trademarks are inherently distinctive trademarks. Trademarks based on surnames often fall into this category like TIFFANY. Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example. 5. The best marks from a trademark perspective are arbitrary marks. Arbitrary and fanciful trademarks are at one end of the spectrum. Whether you are facing a trademark infringement, licensing, monitoring or trademark registration issue, we have a trademark attorney ready to answer your questions. These are potentially the strongest trademarks because they are inherently distinct and therefore easier to protect under trademark law. However, protection for an arbitrary mark only exists if the arbitrary mark is not confusingly similar to an earlier mark. An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. This includes terms such as lip balm, ice cream, computer and hot dawgs (purposeful misspellings do not negate generic significance). These identifiers already exist in our lexicon, so its unlikely that theyll ever become directly linked with a specific category of goods and services. While this can help build consumer recognition in the beginning, it does very little to protect a company from a legal perspective. Several of these alternatives have their own distinct benefits, so if you havent yet chosen a brand identifier, it may be prudent to consider your particular business needs. USPTO categorizes trademarks primarily based on the nature of the product relative to the mark under consideration. There is nothing about the words that intrinsically describes or even suggests a feature or other aspect of the products or services being offered, which is what defines an arbitrary trademark. Arbitrary trademarks differ in the fact that theyre only unique in the context of their usage. An example of an arbitrary mark is Peter Pan for peanut butter. A few examples of suggestive trademarks are Greyhound (buses), Jaguar (vehicles), and Playboy (magazine). Arbitrary trademarks and Fanciful trademarks are the strongest For these same reasons, arbitrary marks and fanciful trademarks make the strongest trademarks. 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. Any verbiage or design that describes a category or type of product/service is a generic trademark. This Ex-Navy Drone Operator Is Now Working with Lizzo. An example of a suggestive mark is AIRBUS for airplanes or YETI for coolers. Arbitrary marks are considered inherently distinctive and are given some of the broadest protections, alongside fanciful and suggestive trademarks. Arbitrary marks are trademarks that consist of words that have a real meaning in a given language. The logos APPLE for computers, LOTUS for software, and SUN for computers are examples of arbitrary trademarks. In other words, ideally the mark would hold a meaning that is ordinary and significant to people on a daily basis . Arbitrary Marks - Arbitrary marks are words that appear in the dictionary but are arbitrarily used in connection with the product, with no independent meaning or association with respect to the product. Apple Computers is a classic example, as iPhones and laptops do not have anything to do with cider or fruit. For example, the logos Apple for personal computers, Sun in connection with computer technology, or Camel in connection with cigarettes are arbitrary marks. An arbitrary trademark is one where the words/phrase have no normal relationship to the product or service. 'Anything in This World Is Attainable. The most famous example is APPLE, as in the computer, phone, and software companies. The following are examples of famous arbitrary trademarks: Amazon (online marketplace). For instance, the words MUSTANG and JAGUAR have become trademarks for certain automobiles. Their fanciful counterparts are typically considered to be the only brand identifier that provides a higher level of legal protection against infringement. They are considered strong trademarks because they are inherently distinctive. An advantage to suggestive marks is that they may provide some instant inherent element of sales appeal and they may not require as much education of the consumer as arbitrary, fanciful, or coined marks. If you have sufficient resources, you may want to conduct a consumer survey to determine whether there is any actual consumer confusion. Examples of Fanciful Marks (coined terms that had no meaning before trademark use) VERIZON (cell phone) This may be straightforward where you are using the exact same arbitrary mark for the same type of goods or services. (18) But these are not arbitrary limits. Product trademarks are broadly classified into five categories. House Mark Similar to the trade name, a house mark identifies the manufacturing company or corporation. Even if the action was accidental, though, being the senior user means youre likely to prevail. 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. 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. But regarding the Trademarks Office, "arbitrary marks" are seen as a positive. ARBITRARY MARKS. Which of the following shows the correct answer for examples of arbitrary trademarks? Design marks can also serve as good examples of an arbitrary mark, such as the Nike swoosh. use of a common word applied in an unfamiliar way. Put simply, if you are looking to have a particular kind of trademark, its better to have an inherently distinctive trademark because it gives you all the benefits that go along with those trademark rights. While there was no direct competition between the two companies, the potential for trademark dilution through blurring existed. Some of these words are newly created ("coined") or neologisms. Consumers have to identify the brand and then link it directly to the products/services theyre providing. Arbitrary marks are the next on the spectrum of trademark strength. Meaning, that it is a mark that's entitled to the protections that other inherently distinctive trademarks are entitled to. A suggestive trademark suggests a characteristic or quality of a business or product but doesnt describe it without some imagination or mental pause. Such a trademark would merely identify describe some of the products being sold. So, once again, this has been Brian Hall answering your question: What is an arbitrary trademark?. However, using arbitrary trademark will provide you with the trademark rights necessary to make others cease and desist from continuing to use a mark that would create a likelihood of confusion. You must consider not just the marketing impact of the name but also the potential legal impact. Arbitrary marks. Finally, a mark that is a made-up word is called fanciful or coined. Camel is an everyday term or word referring to a particular animal, but it has no relation to or significance to cigarettes. The three strongest types of trademarks are suggestive trademarks, arbitrary trademarks, and fanciful trademarks. This field is for validation purposes and should be left unchanged. When Apple Computer became a household name, though, the brand was sued by Apple Records. 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. This is because consumers wouldnt typically associate a category of products or services to the identifier. Examples of arbitrary trademarks are: "Apple" - for apple computers. Describe your brand not your product (e.g. These are often equated to adjectives. By contrast, APPLE as a trademark associated with computers, phones and devices is fanciful and arbitrary. 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. Its highly doubtful, for instance, that consumers will start equating every brand of computer to Apple. "Apple" is a common word, but it is completely random to use that name in connection with a computer company. Our internet attorneys handle matters and litigation cases throughout the United States on a pro hac vice basis, for clients like you from around the world. Look through examples of arbitrary trademark translation in sentences, listen to pronunciation and learn grammar. In doing so, however, they require a bit of imagination on the part of the consumer. What is an Arbitrary Trademark? What is a fanciful trademark? Some examples of this: Apple, Amazon, Dove are successful companies that are currently in the arbitrary mark category. 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. Cependant, dans certains cas, . DefamationBusiness LawEmployment LawCopyrightTrademarkPatentInternet LawReal EstateCorporate and SecuritiesPersonal InjuryOther. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Got it! For assistance with any issue related to an arbitrary trademark, please contact us. The former reference to "Dell" is to a federal trademark . The best trademarks are arbitrary or capricious, meaning there is no connection between the word and any feature of the product or service. While fanciful trademarks garner more protections at face value, their arbitrary counterparts may legally be considered just as unique. 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. That is, the meaning of the word has nothing to do with the good or service used with the trademark. of Arbitrary Marks Apple Coach Camel Dove If I can register my trademark on my own, why to hire a trademark attorney? . However, infringement cases often go to trial because the situation is more ambiguous. An arbitrary trademark is a word that has no relation to the goods or services at issue. 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. 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. These trademarks rely on the consumers imagination to connect the meaning of the word with the business or product. 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. This is whats necessary to be considered an arbitrary trademark. Hot and Juicy for hamburgers or Speedy for oil change services are both examples. Proctor & Gamble is an excellent example of a trade name holding many trademarks such as Oral-B. This is why the trademark is immediately identifiable when used in the appropriate context. Target, a retail store: example; Band-aid, a bandage manufacture: Non-example. An arbitrary trademark is one with common meaning, but the meaning doesn't relate to the goods or services . traverselegal - January 12, 2012 - Trademark Basics, Trademark Law. 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. 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. 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. These are words, phrases and designs that currently do not exist anywhere. This means that even unrelated usage of a such an identifier can lessen the distinctiveness of the more famous brand. Intellectual property experts share everything a business owner should know about arbitrary trademark application. Our leading internet law firm has lawyers and law offices in the following locations. 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. Generally, there are four times of trademarks: Fanciful or Arbitrary Suggestive Merely Descriptive Generic Interestingly, the courts lump together fanciful trademarks with "arbitrary" trademarks with respect to strength. Trademarks fall into a variety of categories, but arbitrary trademarks offer nearly the highest level of protection. The characteristic that gives arbitrary trademarks their strength is their level of inherent distinctiveness. 2021 Traverse Legal, PLC. Some examples include KIWI for shoe polish, CAMEL for cigarettes, and AMAZON for an online retail store. . Suggestive Trademarks. Since arbitrary words or designs arent related to their given industry, they easily meet this requirement. Common examples of fanciful or coined trademarks include KODAK . Arbitrary marks; Arbitrary marks are real words with a meaning that isn't associated with the product sold. Like arbitrary brand identifiers, though, suggestive terms and designs already exist in some form. All these terms have a specific meaning outside of their brands. Therefore, we will not be contacting you. Examples include Level Blends and ROAM. This wouldnt immediately indicate a characteristic of cars to a consumer, but with a little imagination, theyd realize the word and logo imply that the vehicle is sleek or fast. An arbitrary trademark is an inherently distinctive trademark. 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. We all know that the common meaning of apple is as a fruit, which is pretty far removed from the. Suggestive marks describe some aspect of the product or service. words invented solely for their use as trademarks. For example, the logos "Apple" for personal computers, "Sun" in connection with computer technology, or "Camel" in connection with cigarettes are arbitrary marks. There's one frequently underutilized resource many entrepreneurs overlook that could give their company a competitive edge. Along with fanciful trademarks, arbitrary trademarks are afforded the broadest legal protection. Disclaimer: The information on this website is for general information purposes only. It would be difficult for a competitor to prove that use of this seemingly random source indicator wasnt an attempt at infringement. Suggestive marks 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. Glosbe uses cookies to ensure you get the best experience. 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 . Which of the following shows the correct answer for examples of arbitrary trademarks? Trademarks Copyrights Blockchains Strength of Trademarks Need more Guidance? Examples of some arbitrary trademarks: Amazon, Apple, Camel, Coach, Dove, Shell Suggestive trademarks are not unique. For example, by naming a car company after a fast, elegant animal, such as a Jaguar, the company is suggesting that its products resemble the best qualities of a jaguar. Arbitrary Trademarks. For example, the logos Apple for personal computers, Sun in connection with computer technology, or Camel in connection with cigarettes . The strength of a trademark exists on a spectrum. 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. Five Categories of Trademarks (Cont.) Anyone attempting to use apple as a trademark for phones or computers will face a steep '. An arbitrary mark consists of a word that has a common meaning to it in English language. It's a clever tool to create catchy trademarks that people will feel identified with while avoiding being classified as generic or descriptive. All the company has to do is to make sure that people remember it. However, it can be registered as a trademark in association with the computer sector. 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. Infringement requires that a likelihood of confusion exist among consumers. Though not as inherently distinctive as fanciful trademarks, some of the worlds most valuable brands are arbitrary trademarks. "Domino's" - for pizza. Similarly, Apple for computers and the related devices or even Blackberry for the particular kinds of mobile phones. If you receive a cease and desist letter from a competitor, alleging trademark infringement or dilution of an arbitrary mark, you may be concerned about the likelihood of your competitors success at trial. (14) these arbitrary ceilings of height. Such marks consist of words or images which have some . An arbitrary trademark is an inherently distinctive trademark. 7. Similarly, Sunlight in connection with computer technology might be confusingly similar to Sun.. Arbitrary Trademark. Descriptive, merely descriptive, and generic words are weak or unprotectable types of trademarks. 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. Dove (personal care products). Arbitrary marks:- An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. However, naming a computer company Apple is arbitrary because it does not describe a characteristic or quality of the products or services. Most cases that review whether a particular mark is strong or not, will deem that arbitrary trademarks are of the strongest kind available. Arbitrary trademarks are very strong and entitled to protection under law. Arbitrary trademarks bear no apparent relationship to the goods or services which they are used to signify. Not all trademarks that are generic started out that way. However, the difference is that House Marks are placed alongside the specific product names to identify it as belonging to the company. Arbitrary trademarks are inherently strong, providing the owner a great deal of protection against competitors. On the other hand, if Sun can show it is moving into automotive technology, your junior use would be more likely to be considered infringing. (15) And arbitrary blackness gallops in: (16) that any of a game's arbitrary rules. For more information about registering a trademark with the USPTO, please see our trademark registration page. As to peanut butter, it is distinctive. Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type. This means two brand identifiers would usually need to be used within the same industry for issues to arise. An example of a suggestive trademark is Jaguar. 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. These are the strongest trademarks there are. Nothing on this site should be taken as legal advice for any individual case or situation. These are words in the English language but denote a completely different product or service in terms of intellectual property. This trait signifies the ability of a brand identifier to immediately be recognized as a source indicator instead of a descriptor for products or services. Arbitrary Marks. A Beginner's Guide to Arbitrary Trademark Application (with Examples!) Arbitrary or Fanciful. What is an example of an arbitrary trademark? A perfect example is Apple's trademark, which is considered arbitrary and fanciful due to the context (electronics and software) it is used in. 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. As a trademark, APPLE would be merely descriptive if used with products sold by an orchard or fruit farm. Therefore, Apple is a very unique use of the word in relation to computers and can become a very strong trademark. 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. Apple (technology company) Camel (tobacco products). Moreover, the more unique your trademark is, the more likely you are to be able to prevent trademark infringement. For example, Exxon for petroleum or Pepsi for soft drinks. Neither "Apple" nor "Sun" describes any aspect of computers. Arbitrary trademarks are a strong choice if you are a business owner trying to figure out the name of your goods, services, or company. Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. 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. (17) You can make an arbitrary choice. If the connection between a brand and its product/service is recognizable immediately, it likely doesnt fall under the suggestive umbrella. For further information about the strength of trademarks, please feel free to contact us. Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. 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. Nothing about the words intrinsically describe or even suggest a feature or other aspect of the products/services being offered. Suggestive Marks are considered the next strongest because they suggest some character or quality of the good or service. An arbitrary trademark registration refers to a word or image which is already in existence but has no connection with the business using it. 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. "Apple," for instance, as applied to computers. Consider real-world perception. 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. The trademark APPLE is probably the most famous modern example using a "food" word in relation to computers. These descriptors cannot be registered with the USPTO for protection. Arbitrary trademarks don't have to suffer from being too "generic", meaning it is not likely to be used as often. "Apple" for computers). Perhaps the best method to clarify the difference between federal trademarks/service marks, and state entity names is in terms of grammar: federal trademarks/service marks are often adjectives while state entity names are always nouns. Unlike fanciful and arbitrary source indicators, suggestive trademarks describe some aspect of the product or service being offered. Fanciful marks are completely made up words such as EXXON, VERIZON, or KODAK. Now, while some people tend to choose marks that give consumers a better idea of what theyre selling and shy away from arbitrary trademarks, its important to recognize the implication of doing so. Here are more examples of arbitrary and fanciful marks. 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. 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. While "apple" is a dictionary word, Apple the corporation is not in the business of selling apples, and neither are their competitors. (11) My choice is always arbitrary. Exxon, Xerox, Pepsi, Kodak and Clorox are all popular examples of fanciful trademarks. Nothing on this site should be taken as legal advice for any individual case or situation. 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. Youve been listening to Trademark Law Radio. Shell gas stations and Camel cigarettes are other good examples. When creating a business, choosing a name as a trademark is a very important decision. So, what exactly is a strong trademark? They are highly distinctive, even if they are common words. For example: This Dell computer was made by Dell Inc. For example, Jaguar and Greyhound are both brands related to automobiles, designed to impart the characteristics of the animals onto the product. Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. Disclaimer: The information on this website is for general information purposes only. Arbitrary trademarks are also distinctive. 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. They are different from descriptive marks, which describe some aspect of the products or services. The general public is unlikely to ever confuse, for instance, Delta Airlines and Delta Faucets. Eth321t week 4 apply assignment score 95 percent (2020) For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties. EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning. 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. Arbitrary - "Apple" (for computers and now many other things) is a classic example of an arbitrary trademark. 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. Fanciful identifiers are at one end while their generic counterparts offer no protection at all. Anything that describes a characteristic of a product or service is considered a descriptive trademark. China has been a member of the WTO since 11 December 2001. The classic example is "Kodak," which is not a word that existed until the company came up with it. American Airlines and ChapStick are 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. Would you like to do a search? Generally speaking, these marks could either be a Generic Mark, Descriptive Mark, Suggestive Mark, Fanciful Mark, or an Arbitrary Mark. 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. Most new business owners have a tendency to utilize brand identifiers that immediately identify their products or services in some way. The brand Apple, for instance, has nothing to do with fruits. Arbitrary Trademarks. (12) That was a very arbitrary decision. Worried About Raising Capital in a Recession? 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. They are different from descriptive marks, which describe some aspect of the products or services. Generic - unregisterable Descriptive - unregisterable unless showing of secondary meaning 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, Conducting a Trademark Availability Search, Protecting Your Trademark from Infringement, Trademark Infringement, Milwaukee, Wisconsin, Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan, Indianapolis, IndianaBoard Meeting (Hartford, Connecticut). E.g. 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. 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 . - Bold Patents A Beginner's Guide to Arbitrary Trademark Application (with Examples!) Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. Any truly unique brand identifier is considered fanciful. And unlike generic usage, arbitrary trademarks have no connection to the product or service being identified. 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. This occurred with escalators, yo-yos, trampolines, and aspirin. Trademarks that are unrelated to their industry are considered arbitrary. Reference An example is the Apple trademark. You are also invited to review the free information on our website. (13) There's not an arbitrary threshold. 6. These trademarks have a high level of legal protection. The most trademark protection is afforded to fanciful or arbitrary marks. Therefore, they are inherently distinctive. Ex: Apple. Neither Apple nor Sun describes any aspect of computers. What is an arbitrary trademark? Examples of originally valid trademarks that have become generic in many jurisdictions - where they are no longer . These marks, sometimes called fanciful marks, bear no logical relationship to the good or service being sold. Genericide can occur to any brand identifier that becomes widely used to describe entire categories of products or services. RCA for televisions and other electronics. Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. Legal Definition list Arbitrary And Capricious Arbitrament and Award Arbitrament Arbitral Tribunal Arbitral Immunity For example, Apple is a very common word that has no value to any company that sells apples. Popular examples include Nike and Netflix. All Rights Reserved. Meaning, that it is a mark thats entitled to the protections that other inherently distinctive trademarks are entitled to. Make sure there are no potentially negative connotations to the verbiage you choose. sentence for "arbitrary". In a federal infringement case, the senior user of an arbitrary mark will need to prove likelihood of confusion. The high level of inherent distinctiveness that accompanies these terms and designs is advantageous, but this isnt the only benefit of arbitrary trademarks. Consumer identification is one advantage arbitrary trademarks hold even over fanciful identifiers. Good examples of arbitrary marks are Apple for computers and Kodak for cameras. Arbitrary trademark examples include Apple for computers, or Nike for shoes. Suggestive trademarks are those that just hint to the features or functionalities of a product or service. 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. 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 How HoneyLuv went from the military to a sought-after remixer. Darla moves into one of Bret's spare rental units while Bret is away on vacation. Cybersquatting Involving Trademarks and Service Marks, Generic Terms Excluded From Trademark Protection, Naked Licenses of Trademarks to Unmonitored Licensees, Trademark Laws and Forms: 50-State Survey, Choosing Among Patent, Copyright, and Trademark, The similarity of the products or services, The likelihood that the senior user will expand into a junior users product or services area, The quality of the junior users product or services. 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. Arbitrary marks are real words that have nothing to do with the product or service. Your intent as a defendant will be relevant. 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. Shell (gas stations). An arbitrary trademark is a word that has no relation to the goods or services at issue. Based on the scenario, what is the classification of the tenancy? Example: "Amazon" a rainforest, but term trademarked for amazon marketplace. Bret doesn't even notice Darla's . A fanciful trademark is a word that has been invented solely for use as a trademark. You should look for another attorney. While choosing an arbitrary name may make marketing more difficult, they make for very strong trademarks with a broad scope of protection. 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. Coach (luxury accessories). 6. These strong marks are composed of a common word that is unrelated to the good or service for which the trademark is used. An apple is a type of fruit, and it couldn't be used as a trademark in the agricultural sector. Basically, the more unique the term is the less likely it will be in use by another company. Ex: BATA. This means they can only be listed on the secondary Supplemental Register. Unlike arbitrary trademarks, descriptive terms and designs are not inherently distinctive. Fanciful/Coined Trademarks. For example, "Kodak" had no meaning before it was adopted and used as a trademark in relation to goods, whether photographic goods or otherwise. An arbitrary mark is an existing word that has come to indentify the company or product. Arbitrary trademarks are terms that have a common meaning that is separate and apart from the terms connection to the goods and services they are associated with. Arbitrary Trademark Examples There are countless arbitrary trademark examples in current usage. The likelihood of arbitrary trademarks experiencing genericide is minimal. 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. If you are a company able to pay a reasonable legal fee each month, please contact us today. Fanciful trademarks are the only category that accomplishes this more effectively than an arbitrary trademark. Due to current volume we are unable to offer free consultation. This type of mark is helpful for marketing and advertising as it usually . This is why countless companies have chosen verbiage and designs that have nothing to do with their products or services. Put another way, gives that trademark owner an ability to go after and stop those that are infringing his or her particular trademark. Apple (computers) is a good example of this type of trademark. An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. See our new Guidance on Trademark Applications A device (such as a word or a logo) can only be considered a trademark or a service mark if it is distinctive. 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 Terms of Use, Disclaimer & Privacy Policy. Arbitrary Trademark An arbitrary mark uses a common word but is assigned to a something that has nothing to do with its dictionary definition. 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