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 A fanciful trademark applies to new words that someone invents for a company or product. These words had no previous meaning and do not reflect the nature of the product or service. Because they are words created for the sole purpose of marketing a product or service, they are the most protectable form of a trademark. A competitor would find it difficult to register an identical fanciful trademark with the United States Patent and Trademark Office because that company would likely struggle to prove that it stumbled onto the exact same fanciful trademark. Famous examples of fanciful trademarks include Xerox and Kodak.
A fanciful trademark is the easiest mark to obtain if you want to register a trademark because, by definition, you are registering words that have never been used before. Some leading technology companies such as “Raytheon Co.” and “Apptis Inc.” use fanciful trademarks. The advantage of registering a trademark as fanciful is that you will likely pass the United States Patent and Trademark Office’s inspection. The disadvantage is that you are starting from scratch in marketing your product or service because – again, by definition – no one has heard of your name before.
When picking a fanciful or arbitrary name, you need to conduct sufficient research to ensure that someone else has not already established the name. The existence of other companies that use the same or similar names, especially within your industry or geographic region, could endanger your trademark application for registering a trademark. However, fanciful and arbitrary trademarks are still easier trademarks to register than suggestive or descriptive trademarks.
For more information on fanciful trademarks or trademark registration, call Trademark Armor at 1-877-350-6275 for a free consultation, or click the button below for more information.
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1-877-350-6275
