What is a arbitrary trademark?
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.
What is an example of fanciful trademark?
A “fanciful” trademark is a made-up or “coined” word. Well known examples of fanciful trademarks include Kodak, Exxon, Lexus and Verizon. In trademark law, “arbitrary” and “fanciful” trademarks are known as “inherently distinctive” and entitled to the strongest trademark protection.
What are examples of arbitrary trademarks?
Arbitrary Trademark Examples
- Amazon (online marketplace).
- Apple (technology company)
- Camel (tobacco products).
- Coach (luxury accessories).
- Dove (personal care products).
- Shell (gas stations).
- Virgin (wireless communications).
What makes a trademark fanciful?
Fanciful marks comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark. Such marks comprise words that are either unknown in the language (e.g., PEPSI, KODAK, and EXXON) or are completely out of common usage (e.g., FLIVVER).
What is difference between fanciful trademark and arbitrary trademark with examples?
Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. For example, the logos “Apple” for personal computers, “Sun” in connection with computer technology, or “Camel” in connection with cigarettes are arbitrary marks.
Is Google a fanciful trademark?
Some notable examples of fanciful marks include Clorox (for bleach and detergents), Google (internet search engine), and Blistex (for lip care products). Each of these fanciful marks is a made-up word that has no meaning in the English language; they only function in relation to certain goods or groups of goods.
Is Nike a fanciful trademark?
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. Popular examples include Nike and Netflix.
Is Polaroid a fanciful trademark?
Fanciful marks are made-up words that only function as a trademark. Some well-known fanciful marks include GOOGLE, REEBOK, and POLAROID. Fanciful marks are the strongest marks and are afforded the strongest protection.
Can arbitrary marks be registered?
Chawla Boot House, the court held that while generic marks are least distinctive, descriptive marks require secondary meaning to be established before they can be registered. However, suggestive marks and arbitrary and invented marks are all inherently distinctive, not requiring any evidence of secondary meaning.
Is Netflix a fanciful trademark?
Is Adidas a fanciful trademark?
Fanciful marks are entirely made up words and receive the strongest protection. Examples of fanciful marks are Adidas® and Skittles®. Arbitrary marks are made up of existing words, but these words have absolutely no meaning in relation to the goods and services offered under the mark.
What is a fanfanciful trademark?
Fanciful Trademarks (sometimes called coined trademarks) use words or images that don’t mean anything. This lets companies have the full protection of U.S. trademark law. After all, no one has a reason to use a made-up word except the company. This means they’re stronger than arbitrary trademarks, too.
What is an example of an arbitrary trademark?
The protection offered by arbitrary trademarks is second only to their fanciful counterparts. Words that fall under the arbitrary umbrella already exist in consumers’ lexicon. Their use, however, is unrelated to the product or service itself. ‘Apple’ and ‘Coach’ are both examples since their names have nothing to do with the products being sold.
What is the best type of trademark to have?
Fanciful and arbitrary are the top two ways to show distinctiveness with suggestive falling into third place. These are the marks that are almost made up entirely for the sole purpose of being a trademark for the company or brand. These are categorically the best type of mark to have.
What are the dangers of fancy trademarks?
One of the major dangers faced by fanciful trademarks is genericide. This occurs when any protected brand identifier becomes equated to the entire relevant category of products or services.