Legal Blog

Friday Factoid: When is It Better to Be Arbitrary?

Some registered trademarks are entitled to a wider scope of protection than others. An arbitrary mark (when a word is used in an unusual manner) is stronger and entitled to greater protection than a suggestive mark (when a word is used in a predicable manner) but it is not as strong as a fanciful mark (when an invented term is created to serve as a mark). Examples of arbitrary marks registered with the USPTO are THANKSGIVING® brand wine and THANKSGIVING® brand slot machines and video games. Source: USPTO Reg. Nos. 3,771,004 and 4,818,384 Jon Wachs websiteIf you have any questions regarding the content of this communication, please contact Jonathan R. Wachs: jwachs@offitkurman.com | 301.575.0302. If you would like to subscribe to receive Friday Factoids® in your inbox click here.