If you are contemplating whether to file an application for a trademark, you may be curious about the pros and cons of pursuing an “arbitrary” trademark.
Arbitrary Trademark
An arbitrary trademark possesses a unique combination of familiarity and inherent originality. In most instances, an arbitrary trademark will leverage a fairly common word which has no relation to the actual service or product offered to the general public. Instead, an arbitrary trademark will utilize the common word, or set of words, to try and convey a specific feeling to potential consumers about the brand, service or product.
Protections Afforded to an Arbitrary Trademark
Securing an arbitrary trademark can pay dividends since it features a broad array of legal protections. For example, an arbitrary trademark assigns a separate, recognizable meaning to an otherwise common word or term. In contrast to “fanciful” trademarks, the holder of an arbitrary trademark enjoys the ease and peace of mind in knowing there is an already-established connection to the word or term being used.
Another benefit to securing an arbitrary trademark is that it is not as likely to fall victim to “genericide.” This term is typically used to describe the situation where companies have a brand name that becomes synonymous with the product or service they offer. A good example would be Kleenex. An individual might say “pass me a Kleenex” about a random box of tissues, regardless of the actual brand on said box. Eventually, the word reaches a point of saturation and is deemed to be so generic that the actual company can’t prohibit others from using the term.
Drawbacks of an Arbitrary Trademark
Despite the many benefits associated with holding an arbitrary trademark, there are potential drawbacks you need to consider when deciding whether it makes sense to file an arbitrary trademark application. The first potential drawback is that an arbitrary trademark could adversely impact the image of your brand. Oftentimes, companies will trademark a business name in an effort to facilitate trust, but an arbitrary trademark relies on a fairly common, known word or term. This is risky since common words or terms may be interpreted as less personal. As a result, the arbitrary trademark could actually make it more challenging to build a rapport with your target market.
Another potential drawback is that arbitrary trademarks are, at times, more difficult than, let’s say, a “suggestive” trademark for your target customer base to remember.
Given the complexities and business implications associated with an arbitrary trademark, it is in your best interest to seek the guidance and counsel of a knowledgeable trademark lawyer in Los Angeles such as the Omni Legal Group.
Interested in an Arbitrary Trademark? Speak to an Experienced Trademark Attorney in Los Angeles Today
Omni Legal Group represents clients throughout the greater Los Angeles area, including Beverly Hills, Santa Monica, Culver City and many other cities in Southern California. Our firm has a wealth of experience handling trademark appliances for all categories, and our Los Angeles trademark attorneys can help you register, file or answer any questions you may have regarding your trademark.
For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more