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Arbitrary Trademarks




Congratulations! Your mark is a very strong one. Your proposed trademark is capable of being protected and, upon registration, you may prevent others from using the same or similar trademarks in connection with the sale of related goods and services. However, you will have to ensure that your proposed trademark does not conflict with other already registered trademarks for two reasons: first, the USPTO will not register a trademark that conflicts with an already registered trademark; and second, the owner of a registered trademark may bring a legal action against you if you use the same or a similar trademark in connection with the sale of related goods or services.

Because your arbitrary mark does not contain terms that directly describe the goods or services sold in connection with the trademark, competitors do not need to use the same terms for branding and marketing to effectively compete in the market. As such, the United States Patent and Trademark Office will allow individuals and companies to pull these arbitrary terms from the public domain through trademark registration. Keep in mind, however, that the trademark registration will protect your mark only when used in connection with goods or services that are related to yours; others will be free to use the same trademark for goods and services unrelated to yours.