In other words, ideally the mark would hold a meaning that is ordinary and significant to people on a daily basis . The best trademarks are arbitrary or capricious, meaning there is no connection between the word and any feature of the product or service. Arbitrary trademarks are actual words that have no association with the underlying goods or services. 'Anything in This World Is Attainable. 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. Worried About Raising Capital in a Recession? Fanciful/Coined Trademarks. They are different from descriptive marks, which describe some aspect of the products or services. 6. 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. However, the protection to arbitrary marks exists as long as they are not confusingly similar to earlier marks. Arbitrary trademarks bear no apparent relationship to the goods or services which they are used to signify. Arbitrary Trademark. 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. 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. 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. Target, a retail store: example; Band-aid, a bandage manufacture: Non-example. In doing so, however, they require a bit of imagination on the part of the consumer. 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. An apple is a type of fruit, and it couldn't be used as a trademark in the agricultural sector. 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 is one of the riskier aspects of choosing a fanciful source indicator. For instance, the words MUSTANG and JAGUAR have become trademarks for certain automobiles. The strongest trademarks are arbitrary and fanciful. of Arbitrary Marks Apple Coach Camel Dove If I can register my trademark on my own, why to hire a trademark attorney? You are also invited to review the free information on our website. This includes terms such as lip balm, ice cream, computer and hot dawgs (purposeful misspellings do not negate generic significance). APPLE (for computer products) BANANA REPUBLIC (for clothing) COACH (for purses) SHELL (for retail gasoline services) Give Your Company The Edge By Doing What Other Entrepreneurs Often Overlook. Apple (technology company) Camel (tobacco products). Trademarks which are arbitrary (random) or fanciful (made up words) are considered to be the most distinctive. 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. This can be much more difficult for completely unique identifiers than those that already have a foundation in peoples vocabulary. '. These trademarks have a high level of legal protection. 7. Suggestive trademarks are those that just hint to the features or functionalities of a product or service. 2021 Traverse Legal, PLC. This is whats necessary to be considered an arbitrary trademark. 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. This is why countless companies have chosen verbiage and designs that have nothing to do with their products or services. 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. E.g. Apple Computers is a classic example, as iPhones and laptops do not have anything to do with cider or fruit. The legal battles between the two Apples went on for over 25 years. By contrast, APPLE as a trademark associated with computers, phones and devices is fanciful and arbitrary. 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. When creating a business, choosing a name as a trademark is a very important decision. The three strongest types of trademarks are suggestive trademarks, arbitrary trademarks, and fanciful trademarks. These trademarks rely on the consumers imagination to connect the meaning of the word with the business or product. Anyone attempting to use apple as a trademark for phones or computers will face a steep 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. 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. Shell (gas stations). Neither "Apple" nor "Sun" describes any aspect of computers. You do not want to have a generic or merely descriptive mark. Fanciful marks are completely made up words such as EXXON, VERIZON, or KODAK. Arbitrary trademarks are a strong choice if you are a business owner trying to figure out the name of your goods, services, or company. Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. . 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. As to peanut butter, it is distinctive. Five Categories of Trademarks (Cont.) USPTO categorizes trademarks primarily based on the nature of the product relative to the mark under consideration. For example, the logos Apple for personal computers, Sun in connection with computer technology, or Camel in connection with cigarettes . 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. The high level of inherent distinctiveness that accompanies these terms and designs is advantageous, but this isnt the only benefit of arbitrary trademarks. 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. An arbitrary mark is one that has no relation to the goods/services it represents. The strength of a trademark exists on a spectrum. For instance, when a brand called "Glue," which sells skincare products, registers for a trademark, it will gain arbitrary strength in court. 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. Suggestive marks describe some aspect of the product or service. Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type. Ex: BATA. This type of mark is helpful for marketing and advertising as it usually . But regarding the Trademarks Office, "arbitrary marks" are seen as a positive. Arbitrary trademark examples include Apple for computers, or Nike for shoes. In a federal infringement case, the senior user of an arbitrary mark will need to prove likelihood of confusion. The likelihood of arbitrary trademarks experiencing genericide is minimal. While "apple" is a dictionary word, Apple the corporation is not in the business of selling apples, and neither are their competitors. The logos APPLE for computers, LOTUS for software, and SUN for computers are examples of arbitrary trademarks. Would you like to do a search? 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. This means they can only be listed on the secondary Supplemental Register. 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. Therefore, they are inherently distinctive. Most new business owners have a tendency to utilize brand identifiers that immediately identify their products or services in some way. 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 advantage of selecting an arbitrary trademark is that another companys slight variation of your trademark is more likely to be found confusing. 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. Good examples of arbitrary marks are Apple for computers and Kodak for cameras. Examples include APPLE for phones, PENGUIN for books, and SHELL for gasoline. 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 Reference However, the difference is that House Marks are placed alongside the specific product names to identify it as belonging to the company. Arbitrary marks:- An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. Its highly doubtful, for instance, that consumers will start equating every brand of computer to Apple. If you are a company able to pay a reasonable legal fee each month, please contact us today. (11) My choice is always arbitrary. There's one frequently underutilized resource many entrepreneurs overlook that could give their company a competitive edge. For example, Apple is a very common word that has no value to any company that sells apples. Arbitrary trademarks differ in the fact that theyre only unique in the context of their usage. All Rights Reserved. Exxon, Xerox, Pepsi, Kodak and Clorox are all popular examples of fanciful trademarks. 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 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 . Disclaimer: The information on this website is for general information purposes only. 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. 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. This is why the trademark is immediately identifiable when used in the appropriate context. 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. An arbitrary trademark is a word that has no relation to the goods or services at issue. Some of these words are newly created ("coined") or neologisms. Arbitrary and fanciful trademarks are at one end of the spectrum. Today, I will be answering the question: What is an arbitrary trademark?. Since arbitrary words or designs arent related to their given industry, they easily meet this requirement. Similarly, Sunlight in connection with computer technology might be confusingly similar to Sun.. "Apple" for computers). House Mark Similar to the trade name, a house mark identifies the manufacturing company or corporation. An arbitrary mark is an existing word that has come to indentify the company or product. Finally, a mark that is a made-up word is called fanciful or coined. An arbitrary trademark is an inherently distinctive trademark. Neither Apple nor Sun describes any aspect of computers. Generic - unregisterable Descriptive - unregisterable unless showing of secondary meaning Arbitrary marks are trademarks that consist of words that have a real meaning in a given language. Whether you are facing a trademark infringement, licensing, monitoring or trademark registration issue, we have a trademark attorney ready to answer your questions. - Bold Patents A Beginner's Guide to Arbitrary Trademark Application (with Examples!) 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. 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. 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. Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. Suggestive Marks are considered the next strongest because they suggest some character or quality of the good or service. They are considered strong trademarks because they are inherently distinctive. 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. This Ex-Navy Drone Operator Is Now Working with Lizzo. These are potentially the strongest trademarks because they are inherently distinct and therefore easier to protect under trademark law. There are countless arbitrary trademark examples in current usage. The most trademark protection is afforded to fanciful or arbitrary marks. Genericide occurs when a brand becomes so successful that consumers begin equating their trademark to an entire category of products or services. Were here to field your questions and concerns. Due to current volume we are unable to offer free consultation. However, marks have to be compared in their entirety and in the context of the other factors. RCA for televisions and other electronics. 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. We all know that the common meaning of apple is as a fruit, which is pretty far removed from the. Bret doesn't even notice Darla's . Coach (luxury accessories). 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. Suggestive Trademarks. EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning. Any truly unique brand identifier is considered fanciful. Fanciful identifiers are at one end while their generic counterparts offer no protection at all. 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. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. 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. 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. Here are more examples of arbitrary and fanciful marks. A Beginner's Guide to Arbitrary Trademark Application (with Examples!) Trademarks based on surnames often fall into this category like TIFFANY. Therefore, we will not be contacting you. Look through examples of arbitrary trademark translation in sentences, listen to pronunciation and learn grammar. 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. If you have sufficient resources, you may want to conduct a consumer survey to determine whether there is any actual consumer confusion. Youve been listening to Trademark Law Radio. The trademark APPLE is probably the most famous modern example using a "food" word in relation to computers. An arbitrary trademark is an inherently distinctive trademark. 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. Examples of originally valid trademarks that have become generic in many jurisdictions - where they are no longer . 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. An example is the Apple trademark. Hot and Juicy for hamburgers or Speedy for oil change services are both examples. However, fanciful, coined, and arbitrary marks are actually stronger. However, protection for an arbitrary mark only exists if the arbitrary mark is not confusingly similar to an earlier mark. For example, "Kodak" had no meaning before it was adopted and used as a trademark in relation to goods, whether photographic goods or otherwise. Though not as inherently distinctive as fanciful trademarks, some of the worlds most valuable brands are arbitrary trademarks. Arbitrary trademarks and Fanciful trademarks are the strongest For these same reasons, arbitrary marks and fanciful trademarks make the strongest trademarks. Common examples of fanciful or coined trademarks include KODAK . 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. 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. If you ever face trademark litigation, ownership over an arbitrary brand identifier puts you in a strong position. Arbitrary Marks. A fanciful trademark is a word that has been invented solely for use as a trademark. Peter Pan is a name of a children's character in a book but as applied to peanut butter, it has no particular meaning. Genericide can occur to any brand identifier that becomes widely used to describe entire categories of products or services. 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. This is Trademark Attorney Brian Hall with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States. An arbitrary mark consists of a word that has a common meaning to it in English language. For example, the logos Apple for personal computers, Sun in connection with computer technology, or Camel in connection with cigarettes are arbitrary marks. All these terms have a specific meaning outside of their brands. A few examples of suggestive trademarks are Greyhound (buses), Jaguar (vehicles), and Playboy (magazine). 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. So, once again, this has been Brian Hall answering your question: What is an arbitrary trademark?. Describe your brand not your product (e.g. For example, Apple Core for computers would be confusing in connection with Apple computers. It's a clever tool to create catchy trademarks that people will feel identified with while avoiding being classified as generic or descriptive. Which of the following shows the correct answer for examples of arbitrary trademarks? An example of a suggestive mark is AIRBUS for airplanes or YETI for coolers. This means that even unrelated usage of a such an identifier can lessen the distinctiveness of the more famous brand. "Apple" for computers). So, what exactly is a strong trademark? For more information about registering a trademark with the USPTO, please see our trademark registration page. And unlike generic usage, arbitrary trademarks have no connection to the product or service being identified. This field is for validation purposes and should be left unchanged. Intellectual property experts share everything a business owner should know about arbitrary trademark application. Shell gas stations and Camel cigarettes are other good examples. China has been a member of the WTO since 11 December 2001. 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 types of marks utilize dictionary words but put them in connection with a good or service that has no relation to what it is. Based on the scenario, what is the classification of the tenancy? 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 . Arbitrary - "Apple" (for computers and now many other things) is a classic example of an arbitrary trademark. However, infringement cases often go to trial because the situation is more ambiguous. Instead, you want the various kinds of inherently distinctive trademarks, which are suggestive, arbitrary like were talking about now- and fanciful trademarks. Cependant, dans certains cas, . Arbitrary marks are considered inherently distinctive and are given some of the broadest protections, alongside fanciful and suggestive trademarks. ARBITRARY MARKS. An arbitrary trademark is a word that has no relation to the goods or services at issue. While theyre not completely unique, they are inherently distinctive. This is because consumers wouldnt typically associate a category of products or services to the identifier. An example of a suggestive trademark is Jaguar. Some examples include KIWI for shoe polish, CAMEL for cigarettes, and AMAZON for an online retail store. 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. Trademarks that are unrelated to their industry are considered arbitrary. Consumer identification is one advantage arbitrary trademarks hold even over fanciful identifiers. 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. For assistance with any issue related to an arbitrary trademark, please contact us. An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Meaning, that it is a mark thats entitled to the protections that other inherently distinctive trademarks are entitled to. Moreover, the more unique your trademark is, the more likely you are to be able to prevent trademark infringement. 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. If the connection between a brand and its product/service is recognizable immediately, it likely doesnt fall under the suggestive umbrella. For example: This Dell computer was made by Dell Inc. Fanciful trademarks are the only category that accomplishes this more effectively than an arbitrary trademark. An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. The strength of any trademark rests solely on its ability to distinguish itself from others. As a trademark, APPLE would be merely descriptive if used with products sold by an orchard or fruit farm. 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. Disclaimer: The information on this website is for general information purposes only. Like arbitrary brand identifiers, though, suggestive terms and designs already exist in some form. All the company has to do is to make sure that people remember it. Make sure there are no potentially negative connotations to the verbiage you choose. Popular examples include Nike and Netflix. (13) There's not an arbitrary threshold. Infringement requires that a likelihood of confusion exist among consumers. 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. Fanciful trademarks, on the other hand, essentially start from scratch. Got it! Generally speaking, these marks could either be a Generic Mark, Descriptive Mark, Suggestive Mark, Fanciful Mark, or an Arbitrary Mark. Nothing on this site should be taken as legal advice for any individual case or situation. Unlike fanciful and arbitrary source indicators, suggestive trademarks describe some aspect of the product or service being offered. Its difficult to defend against claims of infringement if violations end up before a judge. . That is, the meaning of the word has nothing to do with the good or service used with the trademark. Ex: Apple. Arbitrary Trademarks. 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. Examples include Level Blends and ROAM. 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. Dove (personal care products). Read the scenario and determine what . . 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. So, as opposed to descriptive trademark, which isnt entitled to the exclusive right to use a particular mark in connection with goods or services. A suggestive trademark suggests a characteristic or quality of a business or product but doesnt describe it without some imagination or mental pause. Which of the following shows the correct answer for examples of arbitrary trademarks? 5. This field is for validation purposes and should be left unchanged. "Camel" - for cigarettes. 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. You should look for another attorney. Examples of Fanciful Marks (coined terms that had no meaning before trademark use) VERIZON (cell phone) Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. An arbitrary trademark registration refers to a word or image which is already in existence but has no connection with the business using it. 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. Consumers have to identify the brand and then link it directly to the products/services theyre providing. 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 descriptors cannot be registered with the USPTO for protection. Examples of some arbitrary trademarks: Amazon, Apple, Camel, Coach, Dove, Shell Suggestive trademarks are not unique. Trademarks fall into a variety of categories, but arbitrary trademarks offer nearly the highest level of protection. The classic example is "Kodak," which is not a word that existed until the company came up with it. Anything that describes a characteristic of a product or service is considered a descriptive trademark. What is an arbitrary trademark? These trademarks are inherently distinctive trademarks. Put another way, gives that trademark owner an ability to go after and stop those that are infringing his or her particular trademark. Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. These are often equated to adjectives. There is a particular brand called Camel. 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. What is an example of an arbitrary trademark? Arbitrary marks are the next on the spectrum of trademark strength. The brand Apple, for instance, has nothing to do with fruits. Similarly, Apple for computers and the related devices or even Blackberry for the particular kinds of mobile phones. High Level of Legal Protection. American Airlines and ChapStick are examples . Proctor & Gamble is an excellent example of a trade name holding many trademarks such as Oral-B. Therefore, Apple is a very unique use of the word in relation to computers and can become a very strong trademark. For example, Apple is a very common word that has no value to any company that sells apples. A perfect example is Apple's trademark, which is considered arbitrary and fanciful due to the context (electronics and software) it is used in.