Arbitrary Trademarks Attorney in Kansas City, Missouri

In the competitive world of business, standing out equals success. For entrepreneurs and business owners, establishing a unique brand identity is a vital step toward making their company memorable in the eyes of customers and potential customers. One way to achieve this distinction is through the use of arbitrary trademarks.  

Dale J. Ream at Ream Law Firm, L.L.C., has over 25 years of experience helping businesses and entrepreneurs convey the value of their products and services through trademarks. As an arbitrary trademarks attorney in Kansas City, Missouri, Dale J. Ream is committed to protecting, commercializing, and enforcing the intellectual property rights of his clients. 

What Is an Arbitrary Trademark?

An arbitrary trademark is a type of trademark that utilizes common words in an unrelated, distinctive way. Unlike suggestive, descriptive, or generic trademarks, arbitrary trademarks use terms that have no inherent connection to the products or services they represent. This uniqueness can help create a strong brand presence and prevent competitors from infringing upon these rights. 

These trademarks are inherently distinctive, meaning they are eligible for registration without requiring proof of acquired distinctiveness. This makes them a valuable asset in building a recognizable brand. 

Arbitrary trademarks, by nature, do not describe or suggest the characteristics of the goods or services. Instead, they rely on the creativity of the brand owner to establish a connection with the consumer. This detachment from the product allows for a wider range of creative marketing strategies, as businesses are not confined to the literal meaning of the trademarked word. 

What Makes a Trademark Arbitrary?

For a trademark to be considered arbitrary, it must involve terms that are familiar yet unrelated to the product or service. This distinction is what sets arbitrary trademarks apart from other types of trademarks. The unrelated nature of the word to the product ensures that it is not descriptive or suggestive, thus qualifying it as arbitrary. 

To establish an arbitrary trademark, the chosen term should not give any indication of the product's nature, function, or characteristics. For instance, using a common fruit name like "Apple" for electronics creates an arbitrary trademark due to the unrelated nature of the word to the products offered. And that’s exactly what the founders of Apple—Steve Jobs, Steve Wozniak, Ronald Wayne—did in 1976.  

Arbitrary trademarks often create a memorable brand image, leading to enhanced recognition and customer loyalty. The disconnect between the word and the product encourages consumers to associate the trademark with the brand rather than the literal meaning of the word. This can be a powerful marketing tool for businesses aiming to build a unique identity in the marketplace.

Examples of Arbitrary Trademarks

Here are some examples of popular brands that have successfully utilized arbitrary trademarks: 

• Apple (electronics) 

• Amazon (e-commerce) 

• Camel (cigarettes) 

• Shell (oil and gas) 

• Jaguar (automobiles) 

• Lotus (software) 

• Penguin (books) 

• Fox (media) 

• Blackberry (telecommunications) 

• Mustang (automobiles) 

These brands have effectively used arbitrary trademarks to create strong, distinctive identities that resonate with consumers worldwide. 

The Advantages and Disadvantages of Arbitrary Trademarks

Those looking to protect their business and stand out in a crowded marketplace by trademarking a term unrelated to their business’ product or service need to consider the pros and cons of arbitrary trademarks.  

The potential advantages are: 

• Strong legal protection due to inherent distinctiveness 

• Greater brand recognition and memorability 

• Flexibility in marketing and branding strategies 

• Less likely to conflict with existing trademarks 

• Easier to register without proving acquired distinctiveness 

The potential disadvantages are: 

• Higher initial marketing costs to establish brand recognition 

• Potential difficulty in international markets due to language differences 

• May require more effort to educate consumers about the brand-product connection 

• Risk of becoming generic if the brand becomes too synonymous with the product 

Understanding these pros and cons can help entrepreneurs and business owners make informed decisions when choosing an arbitrary trademark for their business. 

How to Protect Arbitrary Trademarks?

Protecting an arbitrary trademark involves several steps to ensure its integrity and exclusivity. One of the first steps is conducting a thorough trademark search to confirm there are no similar existing trademarks. This helps avoid legal disputes and ensures the uniqueness of the chosen trademark. According to the World Intellectual Property Organization (WIPO), there are over 82 million active trademark registrations in the world. Given this figure, this trademark search prior to registration can be quite time-consuming.  

Once the trademark is confirmed to be unique, the next step is filing for registration with the appropriate trademark office. Registration provides legal proof of ownership and the exclusive right to use the trademark in connection with specific goods or services. This legal protection will also prevent unauthorized use by competitors. 

After registration is successful, regular monitoring and enforcement will be necessary to maintain the strength of your arbitrary trademark. This includes evaluating potential infringements with the help of an attorney and taking legal action if necessary.  

Do You Need an Arbitrary Trademarks Attorney?

A trademark is your business’s most valuable asset. For this reason, you want to avoid any missteps and mistakes when registering an arbitrary trademark. Here’s what you’re getting when you work with an attorney:  

• Guidance: An attorney will provide advice on selecting a unique and legally sound arbitrary trademark and guide you through the process of obtaining trademark protection.  

• Search and analysis: An attorney will conduct comprehensive searches to identify potential conflicts and ensure the chosen trademark is registrable. 

• Application and registration: An attorney will handle the complex paperwork and submission process to improve your chances of successful registration. 

• Enforcement and protection: Attorneys offer ongoing support in monitoring and enforcing trademark rights, protecting the brand from infringement. 

Whether you are looking to register an arbitrary trademark or handle a dispute involving your trademark, Dale J. Ream at Ream Law Firm, L.L.C., can help.