Legal Definitions - arbitrary trademark

An arbitrary trademark is a type of trademark that uses a common word, phrase, or symbol in a completely unexpected context, where the chosen mark has no logical connection or descriptive meaning related to the goods or services it identifies.

Because the mark is unrelated to the product or service, it is considered inherently distinctive and is one of the strongest types of trademarks to protect legally. Consumers must learn to associate the arbitrary word with the specific product or service, as there is no pre-existing link.

Here are some examples:

• Example 1: Imagine a company that produces high-end bicycles decides to name its brand"Nebula Cycles."

  This illustrates an arbitrary trademark because a "nebula" is a cloud of gas and dust in outer space. It has no inherent or descriptive connection to bicycles, their components, or the act of cycling. The company chose this celestial term arbitrarily to distinguish its products, making it a strong and unique identifier in the marketplace.

• Example 2: Consider a financial advisory firm that calls itself "Compass Wealth Management."

  A "compass" is an instrument used for navigation, indicating direction. While a financial firm might help clients navigate their financial future, the word "compass" does not directly describe financial services, investment strategies, or wealth management products. It's an arbitrary choice that evokes a sense of guidance and direction without being literally descriptive of the services offered, thus making it a distinctive trademark.

• Example 3: A brand of premium dog food is marketed under the name "Summit Canine Cuisine."

  A "summit" refers to the highest point of a mountain. This word has no direct or descriptive relationship to dog food ingredients, nutritional value, or how the food is manufactured. The company arbitrarily selected "Summit" to suggest excellence or peak quality, creating a unique and memorable brand name that stands apart from descriptive terms for pet food.