Arbitrary Trademarks: Why Common Words Can Create Strong Brand Protection
Written by JLG - March 4, 2025
When choosing a trademark, businesses often assume that unique, made-up words provide the best protection. While fanciful trademarks are strong, arbitrary trademarks offer a powerful alternative. These trademarks use common words in ways that have no direct connection to the product or service, making them highly distinctive and legally protectable.
What Is an Arbitrary Trademark?
An arbitrary trademark is a real word or phrase that has no logical or descriptive relationship to the goods or services it represents. Some well-known examples include:
- Apple (computers and electronics)
- Amazon (online retail)
- Camel (cigarettes)
- Dove (soap and personal care products)
These words exist in everyday language, but their meanings are unrelated to the products they brand. This distinctiveness makes them strong trademarks with high legal protection.
Why Arbitrary Trademarks Offer Strong Protection
1. High Level of Distinctiveness
Because the word is unrelated to the product, an arbitrary trademark is automatically considered distinctive by the United States Patent and Trademark Office (USPTO). This makes it easier to secure federal registration.
2. Exclusive Brand Identity
An arbitrary trademark allows businesses to create a unique identity using a familiar word. This helps build brand recognition while maintaining strong legal protection.
3. Stronger Legal Enforceability
If a competitor uses a similar name in the same industry, it is easier to prove trademark infringement. Since the word has no descriptive connection to the product, there is a lower risk of it being considered generic or unprotectable.
4. Competitive Advantage
A strong, recognizable trademark can help a brand stand out in a crowded marketplace. Consumers associate the word with the brand rather than its original meaning, increasing brand loyalty.
5. Longevity and Brand Value
Many of the world’s most valuable brands use arbitrary trademarks. As a business grows, the trademark gains value and can become a significant business asset for licensing, franchising, or resale.
How to Choose and Register an Arbitrary Trademark
If you are considering an arbitrary trademark, follow these steps to ensure it is legally strong and protectable:
- Select a Common Word with No Connection to Your Product – Avoid words that describe the product’s characteristics.
- Conduct a Trademark Search – Check the USPTO database to ensure the name is not already registered.
- File a Trademark Application – Submit an application with the USPTO for federal protection.
- Use the Trademark in Commerce – Proper branding and marketing help establish and maintain trademark rights.
- Monitor and Enforce Your Rights – Take legal action against potential infringements to maintain exclusive use.
Is an Arbitrary Trademark Right for Your Business?
Arbitrary trademarks offer a balance between familiarity and uniqueness, making them a strong choice for businesses looking to build a lasting brand. While they may require additional marketing to establish recognition, the legal benefits far outweigh the challenges.
Need Help Protecting Your Brand?
Choosing the right trademark is essential for securing long-term brand protection. If you need guidance on selecting, registering, or enforcing a trademark, we offer free consultations. Contact us today to discuss your options.