Arbitrary Trademarks

Arbitrary marks, like fanciful marks, are trademarks or service marks that consist of a word or symbol that has nothing to do with the products or services offered. An arbitrary mark, unlike fanciful marks, is a real word that is used in a way that has no connection to its meaning. For example, the logos "Apple" for personal computers, "Sun" for computer technology, and "Camel" for cigarettes are all arbitrary marks. They differ from descriptive marks in that they describe a feature of the products or services. "Apple" and "Sun" do not describe any aspect of computers. "Camel" has nothing to do with cigarettes.

Arbitrary trademarks are a good option if you are a business owner looking for a name for your goods, services, or company. You can choose an arbitrary mark by using a word from the dictionary but juxtaposing it with products or services that have nothing to do with the word.

An arbitrary mark is a strong mark in general, 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. However, grades must be compared in their entirety and in relation to the other factors.

Your intent as a defendant will be considered. If you continue to use a mark after receiving a cease and desist letter explaining how your mark infringes on the earlier arbitrary mark, the court is more likely to conclude that you intended to confuse consumers. If you have enough resources, you could conduct a consumer survey to see if there is any genuine consumer confusion.