Everything You Need to Know about Arbitrary Trademarks
The registrability of a trademark depends upon its strength, which can be defined as the mark’s capability to distinguish itself from others. Based on the strength, trademarks are divided into different categories such as fanciful, arbitrary, suggestive, generic and descriptive. Along with fanciful trademarks, arbitrary trademarks offer the highest level of protection to trademarks.
Even though an arbitrary trademark is not strong as a fanciful trademark, some of the world’s most valuable brands are arbitrary trademarks (e.g. APPLE). In this blog, we will enlighten you about the features, benefits and challenges associated with arbitrary trademarks. If you are struggling to assess the strength of your mark, consult with trademark agents in the UAE. Read ahead to know more:
What is an Arbitrary Trademark?
Trademarks made up of words that are not directly related to their industry are called arbitrary trademarks. Even though they are not unique, arbitrary trademarks are inherently distinctive. Arbitrary trademarks are distinctive because the consumers would not normally associate a category of products or services with the trademark. For example, the brand APPLE does not have any connection to fruits. This is the reason why an arbitrary trademark can be identified easily when used in the right context.
Why Use an Arbitrary Trademark?
Most business owners, especially the owners of startups and SMEs, tend to use trademarks that immediately identify their products or services in some way. However, they end up using the generic or descriptive trademarks that offer the least level of protection. Even though this can help you with brand recognition in the beginning, it will not protect your brand name from a legal perspective. This is the reason why big companies like APPLE and AMAZON have chosen names that have nothing to do with their products or services.
What are the Benefits of Arbitrary Trademarks?
Arbitrary trademarks offer you the highest level of trademark protection. However, it is not the only advantage offered by arbitrary trademarks while registering a trademark in the UAE. The following are some of the other benefits of using an arbitrary trademark while conducting trademark registration in the UAE:
Easier to Defend in Court
An arbitrary trademark will put you in a stronger position if you are facing trademark litigation in the UAE. If your trademark is arbitrary, your competitor will find it tough to prove that the use of this seemingly random brand name wasn’t an attempt at infringement.
Easier for Consumers to Identify
Easier brand recognition is one advantage arbitrary trademarks hold even over fanciful trademarks. A fanciful trademark is a coined word and you need to spend money on advertisements to educate the consumers that the particular term indicates a specific product or service. However, arbitrary trademarks are composed of words that are already in the vocabulary. Therefore, it will be easier for them to identify the brand. Companies providing trademark services in Dubai can help you select a trademark.
Reduced Risk of Genericide
Trademark genericide occurs when a brand becomes so well-known that consumers start equating the trademark to an entire category of products or services. Xerox, aspirin, escalator and trampoline are some of the famous brands that have fallen victim to genericide.
On the other hand, arbitrary trademarks face less risk of becoming generic. Since these identifiers are already in our vocabulary consumers are less likely to directly link them with a specific category of goods and services. For example, consumers are less likely to equate every brand of e-commerce services to AMAZON.
Challenges of Using an Arbitrary Trademark
Even though an arbitrary trademark provides you with multiple benefits, it also comes with certain demerits. The biggest disadvantage is that other people might have used the word first. While conducting a trademark search in the UAE, it is highly likely that you may come across an identical trademark. Trademark agents in the UAE can help you further in this regard.
Hire the Best Trademark Agents in the UAE
Selecting a strong trademark is the key to successfully obtaining trademark registration in the UAE. You can choose an arbitrary trademark to easily get approval for your trademark application. Trademark agents in the UAE such as Jitendra Intellectual Property (JIP) can help you select a strong and distinctive trademark.
JIP is one of the leading providers of trademark services in the UAE with years of experience and thousands of satisfied clients. JIP can take care of your trademark protection strategy by offering services such as trademark registration, renewal, trademark search, and trademark watch services in the UAE. We also offer international trademark protection services through the Madrid Protocol. Avail of our brand registration services in the UAE to ensure your valued trademark remains protected wherever you have the business.