Arbitrary Marks Law and Legal Definition

An arbitrary mark is a trademark that consists of a word which is used in a way that has nothing to do with its meaning. It will be a real word. However, the use of the word will have nothing to do with its actual meaning. Arbitrary marks are the strongest type of trademarks. They are given the broadest form of protection. Arbitrary marks are inherently distinctive and the owner need not show secondary meaning to be entitled to protection for the mark because arbitrary marks bare no connection to the underlying goods and services. However, the protection to arbitrary marks exists as long as they are not confusingly similar to earlier marks.

The logos APPLE for computers, LOTUS for software, and SUN for computers are examples of arbitrary trademarks.