What are Arbitrary Trademarks

Among the various types of marks, arbitrary trademarks hold a unique position. This blog discusses the concept of arbitrary marks, exploring what they are and why they are afforded strong legal protection.

Defining Arbitrary Trademarks

An arbitrary trademark is a type of trademark that utilizes common words or symbols that have no direct association with the product or service being offered. These types of marks are inherently distinctive and unrelated to the associated products. These marks often create a strong brand identity and are memorable to consumers.

Examples of Arbitrary Trademarks

To better understand these marks, let’s consider a few well-known examples:

1. Apple (for computers and electronic devices): The word “apple” has no direct relation to computers or electronics. However, through extensive marketing and brand recognition efforts, Apple Inc. has successfully associated the word with their innovative products.
2. Camel (for cigarettes): The name “camel” has no direct connection to cigarettes or tobacco. Nevertheless, the brand’s distinctive logo and advertising campaigns have made “Camel” synonymous with a specific line of cigarettes.
3. Amazon (for e-commerce): “Amazon” typically refers to the largest river in South America. However, the global online marketplace has appropriated the name and transformed it into one of the strongest international brands.

The Strength of Protection

Arbitrary trademarks enjoy robust legal protection due to their inherent distinctiveness. Several reasons contribute to their strong safeguarding:

1. Brand Differentiation: Arbitrary trademarks allow companies to create unique brand identities, standing out in the marketplace saturated with competitors. The distinctive nature of these marks helps consumers associate them directly with a particular business, enhancing brand recognition and recall.
2. Legal Recourse: With strong legal protection, owners of these marks have a solid basis for taking legal action against infringing parties. This helps deter unauthorized use and exploitation of the mark, safeguarding the owner’s commercial interests.

By understanding the significance of arbitrary trademarks, businesses can make informed decisions when selecting and protecting their brands.

Contact Alex to discuss the post or to get started on evaluating your brand’s trademarks.