Understanding intellectual property and its varying protections can be challenging. For businesses who are looking to register a trademark, it’s essential that you educate yourself on the options available so that you can pick a trademark that’s right for you. Arbitrary trademarks are only used in particular circumstances where a business uses a word that does not relate to their products or services. An arbitrary trademark is just one type of trademark that can be used to protect your company and its rights.

What Is a Trademark?

To understand arbitrary trademarks, you must know what exactly a trademark is. A trademark is one category of intellectual property that provides a company with the sole right to use a design, logo, phrase, or symbol. These pieces of intellectual property are created by companies and used to help their business stand out. Trademarks are often the unique traits that you associate with a brand or business, such as their catchphrase or the symbol on all their clothes. When a company registers a trademark, no other individual or business is allowed to use that idea without permission from the owner. If someone misuses a trademarked concept without authorization, they can be held accountable in court.

What Makes an Arbitrary Trademark Different?

All trademarks are categorized by what they represent. In most cases, companies seek trademarks to protect unique or newly created designs, symbols, and logos. Arbitrary trademarks differ from other marks because they not only refer to a general word that is already in use, but they also are not considered “unique inventions.” Arbitrary trademarks are used when a company’s name is an existing word that does not relate to its product, services, or brand. The most well-known example of an arbitrary trademark is the company known as Apple. Apple is a revolutionary computer and electronics business whose name has nothing to do with its products and services.

What Are the Various Types of Trademarks?

Many business owners are unaware that there are multiple kinds of trademarks that are available when they go to register. The varying types of trademarks that you can register for in Colorado include:

1. Arbitrary Trademarks: Arbitrary marks are granted when a business or brand uses a well-known word, phrase, or symbol that does not relate to the product or services that they offer. Another example of a popular arbitrary trademark is the brand Camel. Camel is a cigarette and tobacco company that offers products that have no relation to actual camels.
2. Generic Trademarks: Generic marks are granted when a business has such a popular product or service that customers begin referring to the products or services by the name the company gave them. For example, everyone calls small medical bandages “Band-Aids,” even though that was just one company’s name for the product.
3. Suggestive Trademarks: A suggestive trademark is used when a business or product name suggests what products or services might be available without directly saying it. For example, the brand KitchenAid implies that they would sell products or services that aid in the kitchen.
4. Fanciful Trademarks: Fanciful marks are registered when a company creates a product that is uniquely its own and functions as a trademark. This means that they created the name, the product or service, and the formula for it. For example, Clorox, Kodak, and Pepsi are all brands that created a product that is known by their trademarked name.
5. Service Trademarks: Service marks are used for any logo, design, symbol, or name that represents a specific service that a business offers. For example, if a dentist uses a drawing of a tooth as their logo, this may be a service mark.

FAQs

Q: How Does a Business Get an Arbitrary Trademark?

A: If you are a business that decided to use a well-known word or phrase for your company’s name, you will have to apply to register for an arbitrary trademark in Colorado. To do this, you must contact the United States Patent and Trademark Office (USPTO) and submit a request for an arbitrary trademark. If it is accepted, you will be able to legally differentiate your company from the basic meaning of the word you’re using.

Q: What Is the Difference Between Arbitrary and Fanciful Trademarks?

A: The biggest difference between arbitrary and fanciful trademarks is that arbitrary marks use words that already exist. With fanciful trademarks, a company creates a new product or service in addition to inventing a name for it. For example, the company Apple uses a word that generally refers to the fruit. This is an arbitrary trademark because they took a word that already existed and used it in their own way. A fanciful trademark includes Pepsi, which includes a name, product, and formula that were all created to form a trademarked item.

Q: How Do You Keep a Trademark Updated?

A: After you or your business have registered a trademark in Colorado, you will be required to keep up with its registration for the mark to remain valid. Trademarks must be renewed every ten years, in addition to the owner having to send records every few years that demonstrate that the mark is still being used. It’s also critical to ensure that your personal information and contact address are correct. Otherwise, you can lose rights to your trademark if you don’t correspond with the USPTO promptly.

Q: What Does a Trademark Lawyer Do?

A: A trademark lawyer can perform a multitude of duties to assist their clients. Our team can help you with requesting trademark registration, deciding which trademark is right for you, and even representing you in court during an infringement case. For any legal matter involving a trademark, an intellectual property lawyer offers the services you need.

Trademark and Intellectual Property Representation in Denver

Four Reasons Legal is dedicated to Denver businesses and their intellectual property rights. We provide an amazing range of services for trademark matters, including registration, enforcement, and clearance assistance. If you or your business need legal help with registering an arbitrary trademark, or you’d like to learn more about intellectual property, contact us today.