Trademarks are nothing new. For business owners, there’s no surefire way to ensure the safety of your mark in a world full of fair use, and infringement. But, are all Trademarks the same, and does what the Trademark protects make a lot of difference? Actually, they’re not all the same, and what’s being protected makes all the difference. There are different categories, and each serves a different purpose.

Trademarks are filings that protect your business name or mark. Your logo and business name can be Trademarked to ensure that no competing business interests can use the name of your business, (or a name a little too close), and profit from your business name. Trademarks are also for product names, and service names. If you’re offering a unique service or product, the name of the service or product can also be trademarked, in more than just the ordinary way. Strong trademarks are typically creative or unique, setting you apart from your competitors. These trademarks include fanciful, arbitrary, or suggestive trademarks, so if you’re looking for a new, creative way to brand, here’s the scoop:

Ordinary Trademarks are words, and/or numbers, organized in a unique way that you protect with the USPTO. They’re typically a combination of words or numbers that are in some way associated with what the business itself does. Like, Papa John’s ® - a pizza restaurant named after its founder.

Strong trademarks are typically creative or unique, setting you apart from your competitors. These trademarks include fanciful, arbitrary, or suggestive trademarks.

Fanciful Trademarks are invented words. They only have meaning in relation to their goods or services. For example, Pepsi® for soft drinks and Yeezy for clothing. 

Like fanciful marks, arbitrary marks are trademarks or service marks that consist of a word or symbol. The mark has nothing to do with the services or products that are being offered, rather the name becomes indicative of the item sold due to product association - like  Yeezy® - Kanye West's clothing line.

Arbitrary Trademarks are actual words that have no relation to the goods or services. For example, the word “apple.” If an apple orchard tries to register the word “apple” as a trademark for the type of apples they grow, that trademark wouldn’t be registerable. But, Apple® has been registered as a trademark for computers. Apple® for computers is a unique mark.

Suggestive Trademarks are words that suggest some quality of the goods or services, but don’t state the quality of the goods or services outright. For example, Coppertone® for sun-tanning products. The trademark gives the impression that using Coppertone® suntan oil will make your skin shimmer like copper.

What are the advantages of Fanciful, Arbitrary, and Suggestive Trademarks?

The most important advantage of filing fanciful/ arbitrary trademarks is that they’re strong. If you’ve created your Trademark with one of these three methods, you won’t deal with a lot of competition. Your name is made up or unaffiliated with your industry so other businesses in your field are less likely to create a brand in your niche that’s competing and trying to use the same mark.

Due to the unique nature of the Fanciful, Arbitrary, and Suggestive Trademarks, they’re easier to secure when filing with the USPTO. The likelihood that anyone else has utilized the same unassociated, or made-up words is incredibly unlikely, so unlike most people, your Trademark name search will be short and sweet. The nature of these word concepts in unique Trademarks mean it’s easy to obtain Trademark registration, and more straightforward to enforce trademark rights. These original Trademarks will stand out amongst competitors’ brands, which will only bolster your brand’s reputation.

Trademarks are one of the strongest ways to protect your brand and the more creative, the better. If you’re ready to brand your business or a product - get in touch for your FREE 15-minute consultation to start securing your branding with the law firm you trust when excellence matters.

Click HERE to schedule your consultation for a Fanciful, Arbitrary or Suggestive Trademark.