Legal Definitions - arbitrary mark

An arbitrary mark is a type of trademark that uses an existing word, phrase, or symbol in a way that has no logical connection or descriptive relationship to the goods or services it identifies. The mark is "arbitrary" because its common meaning is entirely unrelated to the product or service it represents. This lack of direct connection makes arbitrary marks very strong in terms of legal protection, as consumers must make an imaginative leap to associate the mark with the specific product or service, making it easy to distinguish from competitors.

Here are some examples illustrating an arbitrary mark:

• Imagine a company that manufactures high-performance athletic shoes decides to name its brand "Comet." A comet is a celestial body, which has no inherent or descriptive connection to footwear. The word "Comet" is common, but its use for athletic shoes is completely arbitrary, making it a strong and distinctive mark that consumers can easily associate with that specific brand of shoes.

• Consider a new brand of premium bottled water that launches under the name "Monarch Water." A monarch is a sovereign ruler, an entity entirely unrelated to the characteristics or source of bottled water. The choice of "Monarch" is arbitrary, requiring consumers to associate this familiar word with a new product category, thereby creating a unique and easily protectable brand identity for the water.

• Suppose a software company develops an innovative project management application and names it "Lighthouse." A lighthouse is a tower with a powerful light, typically used for navigation, having no direct descriptive link to project management software. While "Lighthouse" might evoke a sense of guidance or clarity, its primary meaning is unrelated to software, making its use as a software mark arbitrary and highly protectable in the marketplace.