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What is an arbitrary mark?

Written by Jan Buza

Co-founder of Trama

An arbitrary mark is a real, existing word used in a context entirely unrelated to the goods or services it identifies. "Apple" for computers, "Amazon" for e-commerce, and "Shell" for oil products are examples; all are common words with no descriptive connection to the industries they represent.

Arbitrary marks are inherently distinctive and among the strongest types of trademark. Because the word has no logical connection to the goods, consumers are likely to recognize it as a source identifier rather than a description. This makes arbitrary marks both easier to register and broader in scope of protection than descriptive or suggestive marks.

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