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An arbitrary mark takes a familiar word and uses it for something completely unrelated, like APPLE for computers. It is one of the strongest trademark categories, and a Minnesota trademark attorney at Twin Cities Trademarks can help you choose, clear and register one.
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Short answer: An arbitrary trademark is a real word whose ordinary meaning has nothing to do with the product or service it brands, such as APPLE for computers or SHELL for gasoline. Because the word does not describe the goods, it is inherently distinctive and registers without proof of consumer recognition. The catch: common words are often already in use, so an arbitrary mark needs a careful clearance search. A Minnesota trademark lawyer can tell you whether your word is truly available.
| Service | What's included | Fee |
|---|---|---|
| Federal trademark application (one class) | $700 legal fee + $350 USPTO filing fee | $1,050 |
| Each additional class | $150 legal fee + $350 USPTO filing fee | $500 |
| Office action response | Quoted before work begins | Typically $350–$900 |
| Statement of use (intent-to-use) | Per class, government fee included | $550 per class |
| Six-month extension of time to show use | Per class, government fee included | $550 per class |
| Formal screening search | Preliminary screening of your proposed mark | $600 |
| Comprehensive search | USPTO records plus state trademark registries | $1,600 |
Flat fees as published on our fee schedule. USPTO fees are set by the government and can change. Paying a filing fee does not guarantee registration.
An arbitrary mark is an existing word, used in a way that has no connection to its normal meaning. APPLE is generic for a fruit stand but arbitrary for computers. DOVE describes a bird, not soap. SHELL has nothing to do with gasoline. In each case, customers understand the word, but they have no reason to link it to the product except as a brand.
Courts classify arbitrary marks just below fanciful marks on the spectrum of distinctiveness recognized in Abercrombie & Fitch Co. v. Hunting World. Like fanciful marks, they are inherently distinctive, so the USPTO does not require proof of secondary meaning to register them on the Principal Register.
The key point is that classification depends on the goods. The same word can be generic, descriptive, suggestive or arbitrary depending on what you sell. Lake is descriptive for a lake-cabin rental company, but it could be arbitrary for accounting software.
Arbitrary marks share the top tier with fanciful marks. Here is how all five categories compare.
| Category | What it is | USPTO treatment | Scope of protection |
|---|---|---|---|
| Fanciful | Invented word with no prior meaning | Registers if no conflict; no distinctiveness proof needed | Broadest |
| Arbitrary | Real word unrelated to the goods or services | Registers if no conflict; no distinctiveness proof needed | Broad |
| Suggestive | Hints at a quality; takes imagination to connect | Registers on the Principal Register without proof | Moderate to strong |
| Descriptive | Directly describes a feature, quality, purpose or place | Refused under §2(e)(1) unless acquired distinctiveness is shown; Supplemental Register is an option | Narrow until secondary meaning is proven |
| Generic | The common name for the product or service | Always refused; no amount of use cures it | None |
Real words come with a real risk: other businesses like them too. A mark is judged on both its conceptual strength (where it falls on the spectrum) and its commercial strength (how many others use similar terms). When dozens of businesses use the same word, courts and the USPTO treat that shared element as weak, and your protection narrows to your exact mark and goods.
Minnesota brands feel this more than most. Words tied to state identity, like North Star, Loon, Lakes, Northern or Pine, appear in many federal and state filings. An arbitrary use of one of those words can still be registrable, but a Minnesota trademark attorney should check how crowded the field is before you print packaging.
Hypothetical: A Duluth coffee roaster wants to call its blends Loon. "Loon" is arbitrary for coffee, which is good. But if other coffee, café or food brands already use LOON, the examiner may refuse for likelihood of confusion, and even if the mark registers it may be hard to stop the next "Loon" café. A clearance search answers that question before you invest.
Our clearance work for an arbitrary mark focuses on who else is using the same or similar word on related goods:
Your MN trademark lawyer then explains the risk in plain terms and, if needed, suggests a modifier or second word that makes the mark more distinctive.
Once registered, an arbitrary mark should be used consistently as a brand, with ™ before registration and ® after. File in every class you sell in, and consider filing for planned expansion on an intent-to-use basis. Because a common word attracts look-alikes, ongoing brand monitoring is especially valuable. After five years of continuous use following registration, you may be able to make the registration incontestable, which closes off several types of challenges.
Arbitrary marks are popular with Minnesota restaurants, breweries and distilleries, apparel and outdoor brands, salons, fitness studios and professional-service firms, because a familiar word is easy to remember and easy to build a story around. They are also common in Twin Cities tech and consumer-product startups that want a name that feels approachable but still protectable.
A Minnesota trademark lawyer from our firm works with businesses in Minneapolis, St. Paul, Coon Rapids, Blaine, Maple Grove, Woodbury, Rochester, St. Cloud and Duluth, and with Minnesota founders who sell nationwide. Meet by phone, video or in person at our St. Paul or Coon Rapids offices. Your MN trademark lawyer will tell you straight whether the word you love is worth filing.
Transparent, flat-fee pricing. Federal applications start at $700 plus the $350 USPTO fee per class. Your Twin Cities trademark lawyer quotes every other service up front, before work begins.
An arbitrary trademark is a real word used for goods or services unrelated to its meaning, such as APPLE for computers. It is inherently distinctive and receives strong protection.
Common examples include APPLE for computers, SHELL for gasoline, DOVE for soap and CAMEL for cigarettes. Each word has an ordinary meaning that has nothing to do with the product.
A fanciful mark is an invented word, while an arbitrary mark is an existing word used out of context. Both are inherently distinctive, but arbitrary marks are easier to remember and more likely to face existing users.
A suggestive mark hints at a quality of the product and requires some imagination to connect, like COPPERTONE for sunscreen. An arbitrary mark has no connection to the product at all.
Yes. Classification depends on the goods or services. APPLE is generic for apples, but arbitrary for computers. That is why your Minnesota trademark attorney looks at the exact goods you sell.
They avoid descriptiveness refusals, so they register more easily than descriptive marks. The main hurdle is likelihood of confusion with someone already using the same or a similar word on related goods.
Common words are popular brand choices, so the odds of an existing user are high. A search checks federal, state and common-law use for the same word, close variants and translations in related industries.
A crowded field exists when many businesses use similar marks for similar goods. Courts and the USPTO treat the shared term as weak, which narrows the protection each owner gets.
Often yes, if the word is arbitrary for your goods and no one is using a confusingly similar mark on related goods. These words are popular in Minnesota, so a clearance search is essential.
It can be. A place name is arbitrary when consumers would not think the goods come from that place. If the goods do come from the place, the mark may be primarily geographically descriptive.
Most federal applications take about a year or more to register, depending on USPTO backlogs and whether an office action is issued.
At Twin Cities Trademarks, federal applications start at a $700 flat fee plus the $350 USPTO fee per class. Searches and other services are quoted up front.
Possibly. If the goods are unrelated and consumers would not assume a connection, both marks may coexist. A famous mark, however, can be protected against dilution even on unrelated goods.
Sometimes. If the main word is crowded, a distinctive second word or design can reduce conflicts. A Minnesota trademark lawyer can advise whether the combination improves registrability.
A standard-character registration protects the word in any style. A separate special-form registration can protect a distinctive logo design.
It is less common than with coined words, but any mark used as the name of a product can lose protection. Consistent brand use and enforcement help prevent that.
If your rights are earlier, you may be able to oppose the application at the Trademark Trial and Appeal Board or send a demand letter. Monitoring helps you catch new filings in time.
A Minnesota state registration covers only Minnesota. A federal registration provides nationwide rights, the ® symbol and stronger enforcement tools.
It is not required, but a MN trademark lawyer can identify conflicts, write a proper identification of goods and handle office actions, which improves your chances of registration.
We vet the word, run a full clearance and crowded-field search, file your federal application at a flat fee, respond to office actions and monitor for look-alikes. Call (651) 222-3776 for a free consultation.
Free consultation by phone, video or in person in St. Paul or Coon Rapids.
Twin Cities Trademarks PLLC · St. Paul & Coon Rapids, MN. This page provides general information, not legal advice for your situation. Contacting us does not create an attorney-client relationship. Fees listed exclude USPTO government fees unless stated and may change; see our pricing page for current figures.
